Jitender Vs.M/s M2M Buildtech (P) Ltd. etc.
Present: Shri Mannu Malik, Advocate for the complainant.
Shri Lalit Nayyar, Advocate for opposite parties no.1.
Power of attorney on behalf of opposite parties no.1 filed. An application for payment and declaration moved by ld. Counsel for the opposite parties no.1. Copy given. Copies of documents i.e. Undertaking, photocopy of cheques, memo of understanding, Clarification letter regarding land, agreement have been placed on record by the OP 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 have been given to the DH and the same has been received by the DH.
Ld. Counsel for the complainant made a statement that he has received a cheque bearing No.000341 dated 14.12.2021 amounting to Rs.1,00,000/-(Rs. One lac only), cheque no.000420 dated 30.5.2022 amounting to Rs.2,00,000/- (Rs. Two lac only), cheque no.000421 dated 30.7.2022 amounting to Rs.2,70,000/- (Rupees two lac seventy thousand only) and cheque no.000422 dated 30.9.2022 amounting to Rs.2,70,000/-(Rupees two lac seventy thousand only) from the opposite parties no.1 i.e. M2M and case be decided on merits.
The payment through PDC cheques have been made by A One Homes on behalf of M2M Buildtech Pvt. Ltd. As such, in view of the statement made by ld. Counsel for the complainant, the present complaint is hereby disposed of subject to clearance of alleged cheques, failing which opposite party No.1 shall be liable to pay interest @ 9% p.a. from the date of issuance 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.
