Nitin Agarwal vs Amit Agarwal And Others
2023 Latest Caselaw 3389 Del

                          $~2
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                        Date of decision: 10.08.2023

                          +       CM(M) 760/2022 & CM APPL. 33740/2022
                                  NITIN AGARWAL                                      ..... Petitioner
                                                     Through:     None.

                                                     versus

                                  AMIT AGARWAL AND OTHERS                            ..... Respondent
                                                     Through:     Ms. Nikita Sharma, Advocate for R-2,
                                                                  3, 5 - 10, 12-26.
                          %
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                     JUDGMENT

MANMEET PRITAM SINGH ARORA, J (ORAL):

1. This petition filed under Article 277 of the Constitution of the India impugns the order dated 16.09.2021 passed by the National Consumer Disputes Redressal Commission ('NCDRC') in Execution Application No. 99/2020 titled as "Amit Agarwal v. Shree Vardhman Infrahome Pvt. Ltd." and other connected matters, whereby the NCDRC directed the Petitioner herein to deposit his passport with the Registry of the NCDRC.

2. None appears on behalf of the Petitioner.

3. The learned counsel for the Respondents states that the Respondents herein are home buyers. She states that the impugned order dated 16.09.2021 was passed in execution proceedings. She states that in compliance with the interim relief granted by this Court on 25.08.2022, the Petitioner herein had duly travelled overseas and has thereafter on his return deposited the passport

Digitally Signed By:MAHIMA SHARMA Signing Date:15.08.2023 01:53:44 with NCDRC.

3.1. She states that on 26.07.2023, the Petitioner herein has filed a substantive application before NCDRC for seeking a direction for permanent release of his passport.

3.2. She states that the matter was argued and orders have been reserved on the said application. She states that since the Petitioner herein has availed his remedy by filing a fresh application before the NCDRC for the same relief as sought in this petition; and considering the fact that the Petitioner has not been appearing in this matter since 20.12.2022, the present petition be disposed of.

4. This Court has considered the submissions of the learned counsel for the Respondents and perused the record.

5. In view of the fact that the Petitioner has already approached NCDRC in a fresh application for same reliefs, the present petition is disposed of as infructuous; reserving however, the Petitioner's rights to challenge the order, which may be passed by NCDRC in his application dated 26.07.2023 without being prejudiced by the disposal of this petition.

6. Accordingly, the present petition is disposed of as infructuous. The pending application stand disposed of.

MANMEET PRITAM SINGH ARORA, J AUGUST 10, 2023/msh/sk Click here to check corrigendum, if any

Digitally Signed By:MAHIMA SHARMA Signing Date:15.08.2023 01:53:44