Ishwar Krupa Developers Pvt. Ltd., Nagpur v. Sadhana W/O Devendra Singh

1 RN-42-A-wp-3718-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3718/2023 Ishwar Krupa Developers Pvt. Ltd. Vs. Mrs. Sadhana w/o Devendra Singh Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.N. Bhattad, Advocate for petitioner Mr. D.M. Burde, Advocate for Respondent Corrected as per order passed in MCA 1085/2023 dt. 3/5/2024 CORAM: AVINASH G. GHAROTE, J.

DATED : 4th OCTOBER, 2023 Mr. Burde, learned counsel for the respondent, upon instructions, makes a statement that the respondent will not insist for execution of the sale deed of the plot in question since even according to him this is not now possible for the reason that the authority of the petitioner has been revoked by the land owner in the year 2001 itself. The only relief, which is executable is the alternate relief granted by the learned State Consumer Redressal Commission, vide clause (i) of the operative order dated 19/9/2014 in Complaint No. 440/2008. In compliance with Clause (i) of the order dated 19/9/2014 an amount of Rs.99,000/- as per the pursis dated 4/3/2017 (page 31) already stands deposited by the petitioner with the District Commission. That, in my considered opinion takes

2 RN-42-A-wp-3718-23.odt care of the grievance of the petitioner that the District Commission is insisting for the execution of sale deed. Insofar as the quantum of amount to be paid since there is a dispute, the same can be decided before the District Commission, Nagpur in appropriate proceedings. The petition is accordingly disposed of in the above terms. No costs.

JUDGE MP Deshpande