NCDRC

NCDRC

FA/777/2015

EMAAR MGF LAND LTD. - Complainant(s)

Versus

MANAVJIT SINGH SANDHU & ORS. - Opp.Party(s)

MR. ADITYA NARAIN

02 May 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 777 OF 2015
 
(Against the Order dated 14/08/2015 in Complaint No. 97/2015 of the State Commission Chandigarh)
1. EMAAR MGF LAND LTD.
ECE HOUSE-28,KG MARG, NEW DELHI-110001
...........Appellant(s)
Versus 
1. MANAVJIT SINGH SANDHU & ORS.
C/o BRIG. J.S. PHOOLKA, HOUSE NO.71, SECTOR-2, CHANDIGARH.
2. HARI SIMRAN SINGH SANDHU
C/o BRIG. J.S. PHOOLKA, HOUSE NO.71, SECTOR-2, CHANDIGARH.
3. ROOPAM SANDHU
C/o BRIG. J.S. PHOOLKA, HOUSE NO.71, SECTOR-2, CHANDIGARH.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Appellant :
Mr. Aditya Narain, Advocate
Ms. Anushree Narain, Advocate
For the Respondent :
Mr. Nikhil Jain, Advocate
Mr. Sangram S. Saron, Advocate

Dated : 02 May 2019
ORDER

These are cross-appeals.  However, Mr. Manavjit Singh Sandhu & Ors.--the Respondents in First Appeal No.777/2015 and the Appellants in First Appeal No.394/2016 have filed I.A. No.7070/2019, wherein the following has been stated:

“………………

  1. That in the interim, the Applicant(s) and the Respondent(s) have arrived at an amicable settlement and the disputes raised in the appeals have come to an end to mutual satisfaction of all parties.

  2. That in light thereof, the Applicants are filing this application for withdrawal of the cross appeals as all the disputes have been settled by and between the parties amicably.The same has been filed in person since the counsel on record has been discharged by the Applicants herein.”

Learned Counsel appearing for the Appellant in First Appeal No.777/2015 and for the Respondent in First Appeal No.394/2016 has also filed an application today clearly stating that on instructions, she affirms that the matter has been settled between the parties and the Respondents have filed I.A. No.7070/2019 stating that the dispute between the parties has come to an end.  It has been requested that the Appeals be disposed of in terms of the settlement.

It is seen from the record that neither of the parties has filed the settlement deed or any terms of the settlement.  In this situation, it is not possible to dispose of these Appeals in terms of the settlement.  The Respondents in their I.A. No.7070/2019 have clearly stated that in view of the settlement, they are withdrawing this Appeal.  Hence, the First Appeal No.394/2016 stands dismissed as withdrawn. 

So far First Appeal No.777/2015 is concerned, the Learned Counsel for the Appellant has also agreed that the matter has been settled between the parties, but no settlement deed has been filed.  As observed above, the Appeal cannot be disposed of in terms of the settlement, as no settlement is filed.  As the matter has been settled amicably between the parties, so nothing remains in this appeal and the same has become infructuous. Accordingly, the First Appeal No.777/2015 is dismissed as having become infructuous.

Learned Counsel for the Appellant in F.A. No.777/2015, in her application submitted before this Commission today, has also requested that all amounts deposited by the Appellant company may be directed to be released to the company.  Learned Counsel has not given any details of the amounts and dates on which the same were deposited.  Learned Counsel is advised to file an application for withdrawal of these amounts by giving the full details of amounts deposited, date of deposit and the order under which the same have been deposited.

 
......................
PREM NARAIN
PRESIDING MEMBER

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