Maheesh Malik v. M/S Emaar Mgf Land Limited

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 135/2017 MAHEESH MALIK ..... Petitioner Through:

Mr. Dinkar Singh, Adv.

Versus

M/S EMAAR MGF LAND LIMITED ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 23.10.2017 1.

This petition under Article 227 of the Constitution of India seeks a direction to the National Consumer Dispute Redressal Commission (NCDRC) for pre-ponment of the hearing in the complaint filed by the petitioner scheduled on 13th April, 2017 to some date in February, 2017. 2.

Though the aforesaid dates have gone by but the counsel for the petitioner states that on 13th April, 2017 also the complaint was not disposed of and has now been ordered to be posted in due course.

3.

It is contended that as per the mandate of the Act, the complaint has to be disposed of within six months but the complaint filed by the petitioner has remained pending since the year 2015.

4.

The counsel for the petitioner also states that though the petitioner had filed an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) before the NCDRC but the said application has also been posted for completion of pleadings therein.

5.

The counsel for the petitioner withdraws this petition with liberty to prefer the remedy against the order on the application under Order XII Rule 6 of the CPC.

6.

Dismissed as withdrawn with liberty aforesaid. No costs.

RAJIV SAHAI ENDLAW, J OCTOBER 23, 2017/„gsr‟..