INDU BANSAL Vs. APRA BUILDERS LTD

JUDGEMENT

(1.) Present appeal has been filed challenging the order dtd. 28/1/2023 whereby the learned District Judge has disposed of the Order XXXIX Rule 1 and 2 application filed by the appellants by directing the appellants to deposit 50% of the alleged conversion charges claimed by respondent no.1 and to clear the alleged arrears of maintenance charges.

(2.) Learned senior counsel for the appellants confines his challenge to the direction to make payments of arrears of maintenance charges. He states that the learned District Judge did not take into consideration that the letter dtd. 27/1/2022 filed by respondent nos.1 and 2 along with their written statement did not give details with respect to their calculation of maintenance charges to the tune of Rs.5,28,652.00. He also states that since electricity was disconnected in the suit premises on 3/1/2022, no maintenance charge is payable by the appellants since that date.

(3.) Learned senior counsel for the appellants further states that the latest bill of May, 2023 includes interest liability of Rs.4,82,000.00calculated @ 24% per annum.