26. wp 5907-97 & 5908-97.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5907 OF 1997 Mrs. Deepali Anant Deshmukh .. Petitioner Vs Smt. Yamunabai Suryakant Pathak since deceased by her Legal Heirs, a. Suryakant Bisto Pathak & Anr. 2. Deputy Collector and Competent Authority - III .. Respondents ALONGWITH WRIT PETITION NO. 5908 OF 1997 Mrs. Deepali Anant Deshmukh .. Petitioner Versus Suryakant Bisto Pathak & Anr .. Respondents Mr. V.S. Gokhale for the Petitioner Mr. S.N. Chandrachood for the Respondent CORAM : S.A. BOBDE & SMT. V.K. TAHILRAMANI, JJ DATE : 12th DECEMBER, 2011. P.C.: 1. The only contention of Mr. Gokhale, learned counsel for the petitioner is that in subsequent proceedings, the Court has not 1 26. wp 5907-97 & 5908-97.doc taken into account the amount directed to be paid by the petitioner to the respondent under the Consumer Protection Act. Mr. Chandrachood, learned counsel for the respondent does not dispute that the petitioner's case for set off should be considered by the Deputy Collector and Competent Authority under the Maharashtra Ownership Flat Act. Accordingly, following order is passed by consent: O R D E R i. The impugned orders of the Deputy Collector and Competent Authority No. III dated 16th June 1994 are hereby set aside. ii. The matters are remanded back to the Deputy Collector and Competent Authority No. III for fresh decision in accordance with law after giving set off to the petitioner for the amount already paid by her to the respondent under the Consumer Protection Act. iii. Both sides shall have liberty to adduce additional evidence, if necessary. 2. Rule is made absolute in above terms. [ SMT. V.K. TAHILRAMANI, J ] [ S.A. BOBDE, J ] 2 26. wp 5907-97 & 5908-97.doc 3