SHRIRAM HOUSING FINANCE LIMITED Vs. DEBASISH GHOSH

JUDGEMENT

(1.) This appeal is directed against the interlocutory order dtd. 24/12/2021 passed in WPA No. 17460 of 2021 whereby the learned Single Judge has permitted handing over two cheques for a sum of Rs.5, 47, 433.00 and Rs.3, 00, 000.00 by the writ petitioner to the present appellant with a further direction to the appellant to encash the same and appropriate it towards the satisfaction of his dues against the writ petitioner. The Writ Court has expressed its expectation that the writ petitioner will pay the balance amount expeditiously and the writ petition has been kept pending.

(2.) Submission of learned Counsel for the appellant is that the order of the learned Single Judge is not a consent order and the appellant does not wish to accept the part amount as a condition for delivery of possession and that the cheques have not been encashed and the writ petition itself is not maintainable.

(3.) Learned Counsel for the respondent No. 1 (writ petitioner) has submitted that the order under challenge is a consent order and since a consensus was arrived at before the learned Single Judge, therefore, the direction as contained in the order has been issued.