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Kallol Basu (Dead) Thr. Lrs. vs British Airways on 7 April, 2021

Bench: N.V. Ramana, Surya Kant, Aniruddha Bose

                                                             1

     ITEM NO.9                        Court 2 (Video Conferencing)                    SECTION XVII­A

                                     S U P R E M E C O U R T O F              I N D I A
                                             RECORD OF PROCEEDINGS

                          Petition for Special Leave to Appeal (C)               No.2132/2018

     (Arising out of impugned final judgment and order dated 19­01­2017
     in FA No. 201/2010 passed by the National Consumer Disputes
     Redressal Commission, New Delhi)

     KALLOL BASU (DEAD) THR. LRS.                                                   \Petitioner(s)

                                                          VERSUS

     BRITISH AIRWAYS                                                                Respondent(s)


     (IA No. 7935/2021 ­ APPLICATION FOR SETTLEMENT, IA No. 160281/2019
     ­ APPROPRIATE ORDERS/DIRECTIONS, IA No. 90250/2017 ­ EXEMPTION FROM
     FILING C/C OF THE IMPUGNED JUDGMENT & IA No. 90254/2017 ­
     PERMISSION TO FILE LENGTHY LIST OF DATES)

     Date : 07­04­2021 This matter was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE N.V. RAMANA
                             HON'BLE MR. JUSTICE SURYA KANT
                             HON'BLE MR. JUSTICE ANIRUDDHA BOSE

     For Petitioner(s)
                                            Mr. Sanjoy Kumar Ghosh, Adv.
                                            Mrs. Rupali Samanta Ghosh, AOR
     For Respondent(s)
                                            Ms.   Sonia Dube, Adv.
                                            Mr.   Shatadru Chakraborty, Adv.
                                            Ms.   Kanchan Yadav, Adv.
                                            Mr.   Anurag Singh, Adv.
                                            Ms.   Surbhi Anand, Adv.
                                            For   M/s.Legal Options, AOR

                                 UPON hearing the counsel the Court made the following
                                                    O R D E R

Signature Not Verified Digitally signed by Vishal Anand The Court is convened through Video Conferencing.

Heard learned counsel appearing for the petitioners and learned counsel appearing for the sole respondent – British Airways.

Learned counsel appearing for the parties state that they have filed a joint application being Interlocutory Application No.7935 of 2021 on 19­1­2021 for disposal of the Special Leave Petition in terms of Settlement arrived at between the parties.

Taking into consideration the averments made in the said Interlocutory Application filed by the parties, the Special Leave Petition is disposed of in terms of the Settlement arrived at between the parties.

The Settlement entered into between the parties shall form part of this Order and the parties are directed to abide by its terms and conditions as contained therein without fail.

It is represented by the learned counsel appearing for the petitioners that title deed of the property was deposited by the original complainant – petitioner viz. late Shri Kallol Basu with the National Consumer Disputes Redressal Commission, New Delhi as security for withdrawal of the amount deposited by the British Airways – Respondent, and states that the said document may be directed to be returned to the petitioners by the said Commission.

Learned counsel appearing for the respondent – British Airways has no objection for the same.

In view of the above, we direct that the title deed of the property be returned to the petitioners by the National Commission at the earliest.

Pending applications filed in the matter also stand disposed of.

  (VISHAL ANAND)                                         (RAJ RANI NEGI)
ASTT. REGISTRAR­cum­PS                                    DY. REGISTRAR