Santosh Vs.M2M
Present: DH in person with Sh. Sanjeev Batra, Advocate for DH.
Sh.Lalit Nayyar Advocate for JD No.1.
File taken up today on the application of ld. Counsel for the DH. Power of attorney on behalf of JD No.1 filed. An application for payment and declaration alongwith copies of Undertaking, photocopy of cheques & DD, memo of understanding, Clarification letter regarding land, agreement have been placed on record by the JDs and it has been undertaken that owners of the land of the project will not sell or transfer project land until payment of said cheques are made to the complainant/executionist. In case the payment is not made to the complainant/executionist, then the applicant has no objection if this Hon’ble Commission orders for reattaching the land. Post dated cheques of whole outstanding amount has been given to the DH and the same has been received by the DH
DH made a statement that she has received a cheque bearing no.000478 dated 11.12.2021 amounting to Rs.100000/-(Rupees one lac only), cheque no. 000372 dated 30.05.2022 amounting to Rs.200000/-(Rupees two lacs only), cheque no.000373 dated 30.07.2022 amounting to Rs.382000/-(Rupees three lac eighty two thousand only) and cheque no.000374 dated 30.09.2022 amounting to Rs.382000/-(Rupees three lac eighty two thousand only) from the judgment debtor i.e. M2M and withdraw the present execution subject to clearance of cheques.
The payment through PDC cheques have been made by A One Homes on behalf of M2M Buildtech Pvt. Ltd In view of the statement made by ld. Counsel for the DH, the present execution is hereby dismissed as withdrawn subject to clearance of alleged cheques. Complainant is at liberty to file the execution afresh in case of non-clearance/dishonor of cheques. Copy of this order be supplied to the parties free of cost.
File be consigned to the record after due compliance.
Member President/20.12.2021.
