Dheeraj vs. M2M
Present: Sh.Devender Hooda, Advocate for DH.
Sh.Lalit Nayyar Advocate for JD No.1.
Power of attorney on behalf of JD No.1 filed. An application payment and declaration alongwith copies of Undertaking, photocopy of cheques, memo of understanding, Clarification letter regarding land and copy of 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
Ld. Counsel for the DH made a statement that he has received a DD bearing No.655790 dated 12.11.2021 amounting to Rs.100000/-(Rupees one lac only), cheque bearing no.000223 dated 20.05.2022 amounting to Rs.200000/-(Rupees two lacs only), cheque no. 000224 dated 20.07.2022 amounting to Rs.387000/-(Rupees three lac eighty seven thousand only), cheque no.000225 dated 20.09.2022 amounting to Rs.387000/-(Rupees three lac eighty seven thousand only) from the judgment debtor i.e. M2M. So he 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 Counsel for the DH, the present execution is hereby dismissed as withdrawn subject to clearance of alleged cheques.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/21.12.2021.
