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2023 Supreme(Del) 1426

MANMOHAN, SAURABH BANERJEE
Indu Bansal – Appellant
Versus
Apra Builders Ltd. – Respondent


Advocates appeared:
Mr. Sanjeev Ralli, Senior Advocate with Mrs. Stuti Gupta, Mr.Piyush M. Dwivedi, Mr. Shubham Yadav, Mr.Ravi Kant Yadav and Mr.Chetanya Bawaja, Advocates, for the Appellant.
None, for the Respondent.

JUDGMENT

Manmohan, J. (Oral)

C.M.No.22654/2023

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

FAO (COMM) 105/2023 & C.M.No.22655/2023

1. Present appeal has been filed challenging the order dated 28th January, 2023 whereby the learned District Judge has disposed of the Order XXXIX Rule 1 and 2 application filed by the appellants by directing the appellants to deposit 50% of the alleged conversion charges claimed by respondent no.1 and to clear the alleged arrears of maintenance charges.

2. Learned senior counsel for the appellants confines his challenge to the direction to make payments of arrears of maintenance charges. He states that the learned District Judge did not take into consideration that the letter dated 27th January, 2022 filed by respondent nos.1 & 2 along with their written statement did not give details with respect to their calculation of maintenance charges to the tune of Rs.5,28,652/-. He also states that since electricity was disconnected in the suit premises on 03rd January, 2022, no maintenance charge is payable by the appellants since that date.

3. Learned senior counsel for the appellants further states that t

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