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Morzaria Products LLP v/s Marvel Omega Builders Pvt. Ltd.

    Execution Application No. 72 of 2020 In CC/598 of 2017

    Decided On, 10 August 2021

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. DINESH SINGH
    By, PRESIDING MEMBER & THE HONOURABLE MR. JUSTICE KARUNA NAND BAJPAYEE
    By, MEMBER

    For the Appellant: Supriya Jain, Tushar Mudgil, Advocate, Adit Morzaria, Director of the complainant company (identified by learned counsel). For the Respondent:R.P. Bhat, Sr. Advocate, Vijay Kumar, S. Javed, Advocates, Vishwajeet Subhash Jhavar, Managing Director of the opposite party company (identified by learned counsel).



Judgment Text

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 Orde

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r 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.
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