Shyam singh Vs. M2M
Present: Sh. Yogender Dalal, Advocate for DH.
Sh.Lalit Nayyar, Advocate for JD No.1 & 2.
File taken up today on the application of JD No.1 for filing accompanied application for payment and declaration alongwith this application. 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
Ld. Counsel for the DH made a statement that he has received a cheque no. 247 dated 25.05.2022 amounting to Rs.200000/-(Rupees two lacs only), cheque no.248 dated 25.07.2022 amounting to Rs.387000/-(Rupees three lac eighty seven thousand only) and cheque no.249 dated 25.09.2022 amounting to Rs.387000/-(Rupees three lac eighty seven 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 Counsel for the complainant, the present execution is hereby dismissed as withdrawn subject to clearance of alleged cheques.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/14.12.2021.
