Buddhdev enterprises vs MEENABEN P.Shah

HEARD the parties Counsel today again. Parties Counsel have informed that insofar as office Nos. 1, 2, 4, 5, 6 and 7 are concerned, consent order as had been passed by this Commission on 23rd August, 2005, has been complied with and both the parties have fully performed their obligations under the said consent order.

NOW only one dispute relating to payment of Rs. 3.00 lakhs in respect of shop no. 3 survived. The complainant claims that a sum of Rs. 3.00 lakh had been paid for shop No. 3 and there is evidence also in that regard. Both the parties after hearing the argument for quite some time agreed that the claim of the complainant in respect of shop No. 2 stood frustrated for the shop of agreed dimension is not permissible under building bye-laws and in terms of sanctioned plans. Keeping in view the execution of sale deeds of the other offices and delivery of possession etc. learned Counsel for the complainants/respondents on instructions from the complainant submitted that the complainant would be satisfied if Rs. 3,00,000 were ordered to be refunded and inso- far as civil suits and other cases were concerned, the complainants/respondents would be withdrawing those suits and the appellants should also withdraw the cases against the respondents/appellants.

On instructions from the client who is present in person, learned Counsel for the appellant has agreed to submissions made by learned Counsel for the complainants/respondents. He also submitted that a sum of Rs. 1,40,000 was lying in deposit with State Commission and interest had also accrued thereon and the amount deposited with interest thereon might be adjusted towards the payment for Rs. 3.00 lakhs and this deposited amount with interest should be ordered to be paid by the Registrar of the State Commission to the complainants/respondents. The rest of the unpaid amout out of Rs. 3.00 lakhs would be paid by cheque/bank draft to the complainants/respondents within six weeks after calculating the amount.

IN view of the compliance of the last order and aforesaid statement/submissions made by the petitioner's Counsel accompanied by the parties all the four appeals stand disposed of accordingly in above said terms with the consent of the parties and nothing would survive in between them any further except remaining payment towards Rs. 3,00,000 after adjusting the deposited amount of Rs. 1,40,000 with interest accrued thereon as mentioned hereinabove to be paid within six weeks. IN case remaining amount is not paid the appellant shall be liable to pay interest @ 12% on the deposited amount from the date of expiry of period of six weeks. A copy of this order may be given Dasti to all the parties. Appeals disposed of