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2021 Supreme(Online)(NCDRC) 396

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

 

EXECUTION APPLICATION NO. 72 OF 2020

IN
CC/598/2017

1. MORZARIA PRODUCTS LLP

...........Appellants(s)

Versus

1. MARVEL OMEGA BUILDERS PVT. LTD.

...........Respondent(s)

BEFORE:

&nbsp

HON'BLE MR. DINESH SINGH,PRESIDING MEMBER

HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Appellant :

For the Complainant / Decree Holder : Ms. Supriya Jain, Advocate with Mr. Tushar Mudgil, Advocate


Mr. Adit Morzaria, Director of the

complainant company (identified by learned

counsel)

For the Respondent :

For the Opposite Party / Judgment Debtor : Mr. R. P. Bhat, Sr. Advocate with

Mr. Vijay Kumar, Advocate with

Mr. Javed S., Advocate

Mr. Vishwajeet Subhash Jhavar,

Managing Director of the opposite party

company (identified by learned counsel)

Advocates:
For the Petitioner: AARNA LAW LLP
For the Respondent: AARNA LAW LLP

ORDER

            Taken up through video conferencing.

1.         Learned counsel for the complainant / decree holder submits, on instructions, that the matter has been settled between the parties and the complainant / decree holder does not wish to pursue its execution application at this stage. Director of the complainant / decree holder firm, present in person, confirms.

Learned counsel for the opposite party / judgment debtor submits, on instructions, that the matter has been settled between the parties. Managing Director of the opposite party / judgment debtor company, present in person, confirms.

Learned counsel for the two sides further submit, on respective instructions, that, since the time-frame within which the entire decretal amount will be paid by the opposite party / judgment debtor to the complainant / decree holder is upto 10.07.2022, liberty may be provided to the complainant / decree holder upto 31.07.2022 to revive its execution application if the need so arises. Director of the complainant / decree holder firm and Managing Director of the opposite party / judgment debtor company, present in person, confirm. 

2.         No comments of this Commission on the contents and ingredients of the settlement said to have been arrived at. 

3.         In the wake of the above submissions, the execution application has become infructuous at this stage.

4.         As the things obtain, the execution application no. 72 of 2020 is dismissed as infructuous. The complainant / decree holder is, but, granted unfettered unconditional liberty upto 31.07.2022 to revive its execution application at any time by filing appropriate application.   

5.         The Registry is requested to send a copy each of this Order to all the parties in the execution application and to their learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.           

......................

DINESH SINGH

PRESIDING MEMBER

......................J

KARUNA NAND BAJPAYEE

MEMBER

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