Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2018 (11) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 1791 - Tri - Companies LawNon-refund of deposit - Section 447 of Companies Act, 2013 - it is averred that the petitioner approached police authorities namely Noida Police as well as Delhi Police as also has approached the Consumer Forum namely Hon'ble National Consumer Disputes Redressal Commission (NCDRC) in the month of July, 2015 under the provisions of Consumer Protection Act for the refund of the amount and the said complaint is pending - HELD THAT:- The petitioner had sought for refund of money in a sum of ₹ 48,99,223/- virtually based on the same cause of action as pleaded before this Tribunal in relation to this petition. In addition it is also seen that as between the parties there are several pending cases either slapped by the petitioner against R 1-4 or other way round against the respondents and a separate list has also been given by R 1-4 in their written submissions filed as Annexure A-3. Without going into the legal issues raised herein whether the amount advanced against the property which has already been constructed at the time of making advance payment by the petitioner and having been appropriated by R-1 against the property agreed to be sold and whether the same constitutes a deposit, we find that there are numerous proceedings pending as against the parties initiated by each other consideration by this Tribunal will result only in multiplicity of proceedings as between the parties before various forums which is required to be eschewed and in the said circumstances this petition is dismissed but without cost.
|