Ved Parkash Vs. M2M
Present: Sh. V.S.Singhal, Advocate for DH.
Sh.Lalit Nayyar, Advocate for JD No.1 i.e. M/s M2M.
Power of attorney on behalf of JD No.1 filed. An application for payment and declaration has been filed by JD No.1 alongwith documents i.e. copies of Undertaking, authority, memo of understanding, Clarification letter regarding land, agreement and photocopy of cheques and DD have been placed on record by the JDs and it has been undertaken that land attached in the present execution will not be sold or transferred 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 have 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.655703 dated 11.11.2021 amounting to Rs.100000/-(Rs. one Lac only), cheque no.000139dated 15.05.2022 amounting to Rs.200000/-(Rupees two lacs only), cheque no.000140 dated 15.07.2022 amounting to Rs.275000/-(Rupees two lac seventy five thousand only) and cheque no.000141 dated 15.09.2022 amounting to Rs.275000/-(Rupees two lac seventy five 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 Counsel for the complainant, the present execution is hereby dismissed as withdrawn subject to clearance of alleged cheques.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/07.12.2021.
