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M/s. Fortune Infrastructure (Now known as M/s. Hicon Infrstructure) & Anr. v. Trevor D’Lima and Ors.

Delay condoned.

(N.V. Ramana and Prafulla C. Pant, JJ.)

M/s. Fortune Infrastructure (Now known as M/s. Hicon Infrstructure) & Anr. ___________________________________________ Appellant(s)

v.

Trevor D’Lima and Ors. __________________________ Respondent(s)

Civil Appeal Diary No(s). 42922/2016, decided on February 23, 2017

The Order of the court was delivered by

Order

1. Delay condoned.

2. Issue notice.

3. Mr. V. Shyamohan, learned counsel accepts notice on behalf of Respondent Nos. 1, 2 and 3. He may file the counter affidavit within six weeks’.

4. It is represented by learned counsel appearing on behalf of Respondent Nos. 1, 2 and 3 that Respondent No. 4 – M/s. Zoy Shelcon Private Limited is no more a party to the complaint and its name has already been deleted by the National Consumer Disputes Redressal Commission, New Delhi. Therefore, notice need not be issued to Respondent No. 4.

5. We direct the appellants to deposit Rs. 2.5 crores before the National Consumer Disputes Redressal Commission, within a period of three weeks’ from today. Respondent Nos. 1, 2 and 3 are permitted to withdraw the said amount.

6. On such deposit, there shall be stay of the impugned orders.

7. List the matter after six weeks.

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