Haryana

Rohtak

EA/19/72

Virender Singh Chikara - Complainant(s)

Versus

M/s M2M Buildtech Pvt. Ltd. - Opp.Party(s)

Sh. Y.S. Dalal

13 Dec 2021

ORDER

District Consumer Disputes Redressal Commission Rohtak.
Haryana.
 
Execution Application No. EA/19/72
( Date of Filing : 08 Apr 2019 )
In
Complaint Case No. CC/18/169
 
1. Virender Singh Chikara
S/o Sh. Ajit Singh Chikara R/o H.No. 1056 DLF Colony, Rohtak.
...........Appellant(s)
Versus
1. M/s M2M Buildtech Pvt. Ltd.
345 Tower-B, Spaze Edge, Sector-47, Sohna Road, Gurgaon-12001, through its Chairman/Managing Director/Directord and M/s M2M Buildtech Pvt Ltd. D/44, 3rd Floor, Sector 6, Noida, 201301.
2. Managing Director,
M/s M2M Buildtech Pvt. Ltd, M2M Greens, Village Kheri Sadh, Byepass delhi road, District Rohtak.
3. Sanjay Kumar Chugh
S/o Sh. Amar Singh R/o H.No. 1148/34 Jagdish Colony, Rohtak.
4. Sanjay Malhotra
S/o Sh. Inder Singh R/o H.no. 66/1 W.No. 28 Subhash Nagar Rohtak.
5. Rakesh Sharma
S/o Sh. Kishan Chand R/o H.No. 255/19 Kailash Colony, Sonepat-131001 (Haryana).
6. Pankaj Wadhwa
S/o Sh. Ravinder Kumar Wadhwa R/o H.no. 478 Sector-15, Faridabad (Haryana).
7. Arun Rathee
S/o Sh. Mehar Singh R/o H.No. 1188 Sector-3 Rohtak.
8. Ram Rishi Parashar
S/o Sh. Satya Narayan Parashar R/o H.no. 925/28 Bharat Colony, Rohtak.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Nagender Singh Kadian PRESIDENT
  Mrs. Tripti Pannu MEMBER
 
PRESENT:
 
Dated : 13 Dec 2021
Final Order / Judgement

                                                Virender Vs. M2M

 

Present:          Sh. Yogender Dalal, Advocate for DH.

                        Sh.Rajesh Sharma, Advocate for JD No.4 and 5.

                        Sh.Lalit Nayyar Advocate for JD No.1

                       

                        Power of attorney on behalf of JD No.1 filed. 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 DD bearing no.655737 dated 12.11.2021 amounting to Rs.100000/-(Rupees one lac only), cheque no. 000304 dated 30.05.2022 amounting to Rs.200000/-(Rupees two lacs only), cheque no.000305 dated 30.07.2022 amounting to Rs.387000/-(Rupees three lac eighty seven thousand only) and cheque no.000306 dated 30.09.2022 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/13.12.2021.

 
 
[HON'BLE MR. Nagender Singh Kadian]
PRESIDENT
 
 
[ Mrs. Tripti Pannu]
MEMBER
 

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