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PREM NARAIN
Sharpmind Consultancy Services – Appellant
Versus
Libord Finance Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Mohit Bhansali, Advocate
For the Respondent No.1:Mr. Pavan Upadhyaya, Advocate with Mr. Anand Patwardhan, Advocate
For the Respondent No.2 and 3:Mr. Anjani Kumar Singh, Advocate

ORDER

This Appeal Execution has been filed by Sharpmind Consultancy Services Pvt. Ltd. & Ors. challenging the order 26.03.2019 passed by the State Commission in Execution application No.16/23.

2. Brief facts of the case are that the complainant/respondent No.1 had filed a consumer complaint before the State Commission and the same was allowed vide order dated 17.11.2014 as under:-

“Opponent is directed to execute an agreement of sale in respect of another shop of the same size within the vicinity of the same location and to hand over possession of the same to the complainant within a period of six months from the date of this order by appropriating Rs.5 Lakhs paid by the complainant as booking amount towards total consideration and accepting Rs.47 Lakhs as remaining consideration from the complainant by giving intimation about readiness of the shop and the agreement to be executed in favour of the complainant.”

3. The opposite parties preferred first appeal bearing No.106 of 2015 before the National Commission and this Commission vide its order dated 11.03.2016 modified the order of the State Commission as under:-

“25. However, it must be borne in mind that a sum of Rs.47.00 Lakhs wa

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