J.H. PHALLE Vs. VIJAYA PODUVAL

JUDGEMENT

(1.) This Execution Appeal has been filed by the Managing Director of a Real Estate Developer, M/s Jaysheel Housing Complex Private Limited, the main Judgment Debtor, questioning the legality and correctness of the order dated 03. 08. 2016 passed by the State Consumer Disputes Redressal Commission, Maharashtra (for short "the State Commission") in Execution Application No. 20 of 2014. By the said order, taking note of the fact that the Appellant herein had failed to comply with the final order dated 0 08. 2002 passed by it in Complaint No. 114 of 1997, the State Commission has directed the Collector, Raigad District to take appropriate steps for recovery of the amounts directed to be refunded to the Complainants/Decree Holders, vide order dated 0 08. 2002, as arrears of land revenue.

(2.) When the Appeal came up for motion hearing on 24. 04. 2017, while granting ad interim stay of the order impugned in this Appeal, we had directed the Appellant to deposit in this Commission the amount deposited by each of the Respondents, as noted in the substantive order dated 01. 08. 2002, along with interest @ 6% p. a. from the date of such payment till 30. 04. 2017, within six weeks from the date of the said order. As the requisite deposit had not been made within the time granted, an Application being IA No. 8813 of 2017 was filed by the Appellant for grant of further eight weeks' time to make the deposit in terms of the order dated 24. 04. 2017. In the interests of justice, two weeks' further time was granted to the Appellant to make the requisite deposit. It was clarified that if the deposit is not made, the interim order shall stand vacated automatically.

(3.) On 11. 09. 2017, Mr. Patwardhan, learned Counsel appearing for the Appellant had fairly stated that despite extension of time, full deposit in terms of the order dated 24. 04. 2017 had not been made. Taking note of the submissions made by Mr. V. L. Gopalakrishnan, Authorized Representative of the Decree Holders, the interim order was vacated with a direction that the Executing Court may proceed further in the proceedings pending before it. The part of the amount deposited by the Appellant was directed to be remitted to the State Commission. The Appeal has now come up for admission.