Nitin Agarwal v. Amit Agarwal and Others

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. 99/2020titled as “AmitAgarwalv. ShreeVardhman InfrahomePvt. 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 homebuyers.Shestatesthattheimpugnedorder 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 overseasand hasthereafter on his return deposited thepassport CM(M) 760/2022 with NCDRC.

3.1. She states that on 26.07.2023, the Petitioner herein has filed a substantiveapplication before NCDRCfor seekinga direction for permanent release of his passport.

3.2. Shestates thatthematter wasargued andordershavebeen reserved on thesaid application. Shestates thatsincethe Petitionerherein has availed his remedy by filing a fresh applicationbeforetheNCDRC for thesamerelief as sought in this petition; and consideringthefact thatthePetitioner has notbeen appearingin this mattersince20.12.2022, thepresentpetitionbedisposed of.

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

5. In view of thefact that thePetitioner has already approached NCDRC in a fresh application for same reliefs, the present petition is disposed of as infructuous; reservinghowever, thePetitioner’srights to challengetheorder, which may bepassed by NCDRCin his applicationdated 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.