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2025 DAILYLAW 3739 (JK)

M/S MASS HOUSE BUILDING COOPERATIVE LTD. TH. DALEEP RAINA v. PRITAM SINGH THAKUR AND ANOTHER

MA/23/2024 · 2025-08-14

Rajnesh Oswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 22 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) MA 23/2024, CM 4089/2024, CM 4088/2024 M/S MASS HOUSE BUILDING COOPERATIVE LTD …Petitioner(s)/appellant(s) Through: Mr. Pranav Kohli, Sr. Advocate with Mr. Farhan Mirza, Advocate Vs. PRITAM SINGH THAKUR AND ANOTHER ...Respondent(s) Through: Mr. Anil Sethi, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 14-08-2025 With reference to our order passed yesterday, learned senior counsel for the appellant has shared with us a calculation sheet that indicates that the amount the respondent-claimant would be entitled to in terms of the decision of the Commission, including interest @ 18%, works out to Rs.51,61,614/. And he has instructions that to resolve the dispute between the parties, the appellant is ready/willing to remit Rs. 40.00 lacs to the respondent/complainant in full and final settlement. He submits that Rs. 5,82,575/- were deposited by the appellant on July 4, 2024 as a pre-deposit to maintain the present appeal. Therefore, a direction be issued to the Commission to refund the said amount along-with interest in favour of the respondent-claimant. And after deducting Rs.5,82,575/- (and not the interest thereon) from the agreed amount (Rs.40.00 lacs) the appellant shall pay Rs.20.00 lacs out of the balance within one month from today and the rest shall be remitted to the respondent-claimant within a month thereafter. And in the event of even a single default by the appellant, this settlement shall fail and the present appeal would be deemed to have been dismissed and the respondent/complainant shall be at liberty to execute the impugned order and judgment November 14, 2018 rendered by the Commission. Shameem Hamid Mir 2025.08.18 18:24 I attest to the accuracy and integrity of this document In response, learned counsel for the respondent accepts the proposal. Accordingly, he submits let the appeal be disposed of in terms of the statement made by learned counsel for the parties today before the court. In the wake of the above and in terms of the statement made by respective parties, the appeal is accordingly disposed of. The dispute between the parties stands settled. The Commission is directed to refund Rs. Rs.5,82,575/- along-with interest in favour of the respondent-claimant, deposited in terms of Section 17 of the Consumer Protection Act at the earliest. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 14-08-2025 Shameem H. Shameem Hamid Mir 2025.08.18 18:24 I attest to the accuracy and integrity of this document