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Rameshwar Dass v. The Chairman/Administrator of Market Com - RSA-2559-2005 [2006] RD-P&H 1741 (16 March 2006)


Case No. : C.M.No.6712-C of 2005 &

R.S.A.No.2559 of 2005

Date of Decision : March 06, 2006.

Rameshwar Dass .... Appellant


The Chairman/Administrator of

Market Committee, Panipat & others .... Respondents Coram : Hon'ble Mr.Justice Viney Mittal.

* * *

Present : Mr.Ajay Jain, Advocate

for the appellant.

Mr.D.K.Mittal, Advocate

for respondents no.1 and 2.


Shri D.K.Mittal, learned counsel appearing for respondents no.1 and 2 states that the respondents are ready to re-consider the claim of the plaintiff, in case he deposits the entire balance price along with the interest as per the allotment letter.

Keeping in view the aforesaid fair offer made by the learned counsel for the respondents, it is directed that the appellant shall deposit an amount of Rs.10 lacs within a period of 2 months from today. On deposit of the aforesaid amount, the respondents shall re-consider the claim of the plaintiff by taking into consideration the prevalent allotment/auction price of the shop in question. The amount already deposited by the plaintiff, at the time of allotment of the shop in question, however, shall be credited to C.M.No.6712-C of 2005 & : 2 :

R.S.A.No.2559 of 2005

his account. In case, any further amount is found to be due, besides Rs.10 lacs, the plaintiff shall be required to pay the aforesaid amount also, within 15 days of the determination of the amount, by the competent authority and intimation sent to him, in this regard.

It is further made clear that in case, the amount of Rs.10 lacs, as directed above, is not deposited by the plaintiff, within the stipulated period, then the plaintiff shall not be entitled to any right at all, left in the property and in that case, the decree passed by the learned trial court, shall become executable forthwith.

The dispossession of the appellant shall remain stayed for a period of two months from today, and on deposit of Rs.10 lacs, for such further period, till the matter is finally decided by the competent authority.

In view of the aforesaid agreement between the learned counsel for the parties, the present appeal is disposed of, with the aforesaid observations.

Copy of the order be given dasti, on payment of usual charges.

March 06, 2006 ( VINEY MITTAL )

monika JUDGE


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