1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Writ Petition No. 3135 of 2005 M/s Ketan Consultants Pvt. Ltd. Nagpur. Vs. Additional District Consumer Redressal Forum & Another Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri M. Y. Kanade Adv. for petitioner. Smt A. Jaishree Rao Adv. for respondent No.2. CORAM: J. H. BHATIA J. Dated: 6 th February, 2009. Record reveals that the petitioner, who is a Builder, was directed by the Consumer Forum by order dated 18.11.2002 to handover the possession of the flat to the complainant 2 respondent no. 2 and also to pay interest at the rate of 12% P. A. from 28.01.1991 till delivery of the possession of the flat on amount of Rs. 1,85,000/- which was consideration price. The petitioner moved an application before the Consumer Forum to set aside ex-parte judgment but that application was rejected. That order is challenged in the present petition by the Builder. It appears that by order dated 27.06.2005 ad interim relief was granted against execution of the order and that interim relief is operating since then. The petitioner took more than 3 years to serve the notice to respondent No. 2 and the respondent No. 1 Additional District Consumer Forum Nagpur, which is a formal party, is not yet served and the matter is repeatedly adjourned for service to respondent No. 1. It appears that the petitioner, after obtaining the ad interim stay to the execution proceedings, has tactfully delayed the matter. Therefore, the ad interim relief stands vacated. 2. At this stage the learned counsel for the petitioner seeks to withdraw the petition so as to take appropriate 3 proceedings before the appellate authority. However, in view of the fact that the petitioner has stalled the execution proceedings for more than 3 ½ years by obtaining ex parte ad interim order from this Court, now he cannot be allowed to withdraw the petition without depositing atleast the interest amount for the period when this petition was pending before this Court and some costs. In view of the above, subject to depositing the amount of Rs. 50,000/- towards the interest amount and further an amount of Rs. 10,000/- towards costs to be paid to the respondent No. 2 the petition is allowed to be withdrawn. 3. Petitioner is present before the Court along with his counsel. Learned counsel after taking the instructions from the petitioner makes a statement and gives an undertaking that this amount shall be deposited with this Court within 4 weeks i. e. on or before 06.03.2009. The amount of Rs. 50,000/- if it is so deposited, shall be adjusted against the claim of the respondent No.2 towards interest, which has been or which may be granted 4 to him by the Consumer Forum. JUDGE svk