VINOD VERMA (C E O) 27 May 2012

Postponements

I GOT A DECREE AGAINST EMAAR MGF FROM SCDRC CHANDIGARH, BUT THEY FILED FA WITH NCDRC AND GOT CONDITIONAL STAY. THEY WERE ORDERED TO REPAY THE PRINCIPAL AMOUNT IN 2 INSTALLMENTS, THEY DEFAULTED BY DELAY IN MAKING THE PAYMENT OF 2ND INSTALLMENT. 1) DOES THIS AMOUNTS TO VACATION OF STAY AUTOMATICALLY? 2) IN THE EA APPLICATION THE SCDRC IS GIVING POSTPONEMENTS TO THE JDs TIME AND AGAIN WITHOUT INVOKING SEC. 27 (i.e. NOT ISSUING THE WARRANTS OF ARREST AGAINST THE JDs; WHERE CAN I SEEK HELP TO GET BACK MY MONEY, STRUCK FOR OVER 5 YEARS NOW

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5 Replies

Divya Jyoti Jaipuriar (Advocate/ 09868002365) 27 May 2012

WHen NCDRC has granted a conditional stay, SCDRC cannot go ahead without an order from NCDRC vacating the stay. I would suggest that you file an application in NCDRC citing the default by the company in paying the second installment and seek vacation of stay. There is no automatic vacation, unless the Court records the default of the party. Please move to NCDRC at the earliest to avoid any further delay.

Divya Jyoti Jaipuriar, Adv.

www.jaipuriar.com

+91-9868002365

JANAK RAJ VATSA (ADVOCATE) 27 May 2012

there is no automatic stay at SCDRC. file for vacation of stay in NCDRC citing the default in payment by the company.

Ajit Singh Cheema (practising Advocate) 27 May 2012

No automatic vacation of stay. Apply for vacation of stay with NCDRC. Issuing of warrants of arrest is the discrition of the state commission, keep on pressing for your demands for issue of warrants of arrest.