High Court of DelhiW.P.(C)/8539/2014

Gandhi Ashram Coop. Groupt Housing Society Ltd. v. Mamta Garg & ORS.

2016-02-26Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Ms. Justice Deepa Sharma2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8539/2014 GANDHI ASHRAM COOP. GROUPT HOUSING SOCIETY LTD. ..... Petitioner Through:

Mr. S.C. Singhal, Advocate.

versus MAMTA GARG & ORS.

..... Respondents Through:

Mr. R.K. Gupta, Advocate for R-1(a) & 1(b).

Ms. Sakshi Popli, Advocate alongwith Mr. jitendra kr. Tripathi and Ms. J. Vijetha, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 26.02.2016 The dispute in this case was with respect to the sum of Rs. 13.30 lacs paid in excess by the transferee of the original allottee, Sh. Ashish Lamba. The concurrent findings of the authorities below have been in favour of the respondents/claimants. During the course of hearing, it was suggested to counsel for the Society/petitioner that it would be in the interest of all concerned that the matter is amicably resolved.

Mr. Singhal, after seeking time and obtaining instructions states today that the Society would comply with the terms of the award as

upheld by the Tribunal and make the payments as directed; at the same time, he requested that the criminal complaint instituted against the Society's office bearers by the first respondent should be withdrawn. This course of action was acceptable to the respondents-who are in Court and are also represented through their counsel, Sh. R.K. Gupta.

In the light of these statements, the Society is hereby directed to make the payments as directed by the Tribunal alongwith TDS proof of amounts adjusted for the said purpose to the respondents/claimants to Ms. Mamta Garg within four weeks and the discharge given by her will absolve the Society.

Keeping in view the statement made by Mr. R.K. Gupta, learned counsel appearing on behalf of the respondents, the criminal complaint instituted against the Society, shall be withdrawn/compounded or appropriately the respondent be directed to cooperate.

Dasti.

S. RAVINDRA BHAT, J DEEPA SHARMA, J FEBRUARY 26, 2016 sapna