Today is fixed for order on the application being no. 74/2021 and also for further hearing of the Miscellaneous Application being No. 49/2020. By filing MA No. 49/2020 the complainant has sought for injunction in respect to the cheques deposited by him to OP 6 and 7. With the consent of the Ld. Advocate on both sides 11.03.2022 is fixed for further hearing of the MA/49/2020.

We have vetted material on record and given due consideration to the contention advanced by the Ld. Advocate of the complainant and the OPs including OP 6 and 7.

At the very outset it needs to be pointed out that the complainant entered into an agreement on 01.11.2016 with OP 1(Developer) for purchasing a flat from the developer in “Rain Forest Housing Project” at Rs. 44,22,291/- and made down payment of Rs. 5,00,000/- . The complainant made further payment of Rs. 30,00,000/- (approximately) to the developer by taking housing loan from OP 6 and 7. Some blank cheques were deposited to OP 6 and 7 in connection with the loan disbursed by them. OP 6 and 7 agreed to complete the construction of the said housing project by December, 2019 or within 6 months from December, 2019.

It is now ascertained from the Ld. Advocate that the construction work for the said housing project is still hand incipient stage. Now OP 6 and 7 have filed the application for getting exemption from this case on the ground that under a register assignment deed the loan account of the complainant together with rights, titles and interests have been assigned by OP 6 and 7 in favour of Edelweiss Asset and Reconstruction Company Limited, having its office at Mumbai on 30.06.2020 and Edelweiss Asset and Reconstruction Company Limited has already become a party to this case. It is their specific claim that their presence is not at all required for disposal of this case where the complainant has sought for refund of the amount with interest, as compensation and cost from OP 1. But in our humble view the cheques issued by the complainant is still lying with OP 6 and 7 and the complainant was not a party to the assignment delay which was effected in between the OP 6 and 7 and Edelweiss Asset and Reconstruction Company Limited on 30.06.2020.

The assignment deed or agreement was bilateral one in our considered opinion the case should proceed with their tacit or vocal presence the prayer for their exemption for this case is therefore turned down.

The application being no. 74/2021 is thus disposed of.

11.03.2022 is fixed for further hearing of the injunction being no. 49/2020.

Todate for filing amended complaint by the complainant and for taking steps in so far as OP 9 and 11 are concerned.

Let plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by 

 [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT