Dhanashree Estate Pvt. Ltd. Thr. Managing Director Pradeep Jaysinghrao Pawar v. Dhanashree Village Co-Operative Housing Society Rep. Its Secretary Anand Gaonkar And 5 ORS

Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.109 OF 2025 DHANASHREE ESTATE PVT. LTD. THR.

MANAGING DIRECTOR PRADEEP JAYSINGHRAO PAWAR ... PETITIONER

Versus

DHANASHREE VILLAGE CO-OPERATIVE HOUSING SOCIETY REP. ITS SECRETARY ANAND GAONKAR AND 5 ORS ... RESPONDENTS Mr. Parag S. Rao with Mr. Akhil Parrikar, Advocates for the Petitioner.

Ms. Krupa Naik, Advocate for Respondent No. 1. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 16th June, 2025 P.C:

This Petition is filed challenging the order passed by the National Consumer Disputes Redressal Commission at New Delhi (National Commission) in First Appeal No. 976 of 2024 wherein the Appellant preferred an Appeal being aggrieved by the decision of the Goa State Consumer Disputes Redressal Commission, North Goa, Panaji (State Commission).

2. An Appeal was filed being aggrieved by the order passed by the State Commission, where the present Petitioner before us (opposite

party) was directed to give accounts of payment and was also imposed with costs of Rs.25,000/- apart from the direction to transfer the land/property mentioned therein in favour of the Complainant by executing a Sale Deed/Conveyance Deed.

The National Commission, while it directed completion of the pleadings, allowed the interim Application for stay, subject to deposit of Rs.25,00,000/- with the State Commission.

In the absence of any statutory regime providing such a scenario, the Petitioner raised a challenge to the said order.

3. On 05.03.2025, this Court passed an order, prima facie, recording the stand of the Petitioner that he is willing to deposit a sum of Rs.5,00,000/- with the State Commission and the said statement was accepted.

4. Mr. Parag Rao, on instructions, make a statement that the said amount has been deposited by the Petitioner with the State Government and in any case, upon deposit of the amount as directed by this Court on 05.03.2025, the National Commission is at liberty to proceed with the hearing of the Appeal.

5. In the wake of the order passed by this Court on 05.03.2025, since the National Commission is now ceased of the matter and Rs.5,00,000/- has already been deposited as directed by this Court, we direct the National Commission to conclude the hearing of the Appeal

expeditiously.

With the aforesaid directions, the Writ Petition is disposed of. Needless to state that upon deposit of Rs.5,00,000/- by the Petitioner, the stay granted by the National Commission, shall continue till the National Commission decides the Appeal. NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 26/06/2025 17:41:15