NCDRC

NCDRC

RP/391/2012

SHREE SAI CONSTRUCTION & ORS. - Complainant(s)

Versus

SUDHIR RAMCHANDRA PHATAK - Opp.Party(s)

MR. DILIP ANNASHAEB TAUR

11 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 391 OF 2012
 
(Against the Order dated 11/10/2011 in Appeal No. 556/2011 of the State Commission Maharastra)
1. SHREE SAI CONSTRUCTION & ORS.
109 Bharat Industrrial Estate, LBS marg Bhandup West
Mumbai - 400078
Maharastra
2. Shri MD Sharma, Partner Of Shree Sai Construction,
109, Bharat Industrial Estate, LBS Marg Bhandup West
Mumbai - 400078
Maharastra
3. Shri Vinod Sharma, Partner Shree Sai Construction.,
109, Bharat Industrial Estate LBS Marg Bhandup West.,
Mumbai - 400078
Maharastra
...........Petitioner(s)
Versus 
1. SUDHIR RAMCHANDRA PHATAK
38/B Jata Shankar Apartment MP Road Mullan East
Mumbai - 400081
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. Dilip Annasaheb Taur, Advocate
For the Respondent :
Mr. Hariher Bhave, Advocate

Dated : 11 Apr 2012
ORDER

After arguing the matter for some time, counsel for the petitioner seeks to withdraw the present petition, however, with liberty to raise objections about the inexecutionability of the order passed by the District Forum because a third party interest has been created in the flat in question, therefore, the possession of the said flat cannot be handed over. However, the petitioner is ready and will to refund the entire amount alongwith reasonable interest to the respondent / complainant. We accordingly dismiss the present revision petition as withdrawn with the liberty to the petitioner to raise objection as above before the executing forum. We make it clear that we have not adverted to the merits of the matter and the executing forum will be free to take a view in the matter as required in accordance with law.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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