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      1)     By Consent the parties have settled their disputes.  The parties withdraw all their allegations against each other.  The Complainant and the O.P. party admit that the terms and conditions of the Agreement dated: 11/06/2008 entered into and executed by Zikar Haji Mohammed Virani and others and the opposite party shall be binding on the parties in the present proceedings and a copy of the same is annexed to these consent terms.  The complainant shall pay to Anwar Esmail Merchant one of the partners of the O.P. firm Arsh Constructions in the name of the firm Arsh Constructions Rs. 1,93,500/- (Rupess One Lack Ninety thousand Five Hundred Only) towards additional cost of constructions and expenses over and above the balance consideration and balance sums due and payable by the complainant to the O.P. firm Arsh Constructions on the Agreement For Sale Dated: 9th August, 2006 and towards the payment of the same the complainant has issued to and handed over to the O.P. firm Arsh Constructions cheque no. 045811 dated 15/07/2008 amount of Rs.1,9 93,500/- drawn on The Memon Co-Operative Bank Ltd. in favour of the O.P. firm Arsh Constructions.

(e)That this Honble Commission be pleased to order and  thereby direct the Opposite parties to deliver the possession of the Flat bearing no.601, admeasuring about 420 square feet, situated at C Wing. A1 Raza Towers situated at Rafi Ahmed Kidwai Marg, Seweree (West), Mumbai- 400 015  forthwith to the complainant in accordance with all the relevant rules and regulations.               

           

        On perusal of these reliefs what we find is that, that by these releifs the complainant has prayed that the directions may be given to the opp.party to perform their obligation, which was recorded in the consent terms.  Before we consider the submissions of Ld.Counsel for the applicant/complainant we would like to mention that none of the prayers made in the execution application are in respect of the recovery of the amount from the opp.party and the complainant has not rightly made such a prayer because the consent terms recorded and accepted by the State Commission also did not provide for recovery of any amount from the opp.party.  By and large, what we find is that, that on payment of Rs.1,93,500/-, additional cost of the construction and expenses of  flat is the balance amount due and payable by the complainant to the opp.party firm/ Arsh Cconstriction for agreement for sale dated 09/08/2006 and on such payment being made, opp. Party shall give possession of flat no. 601 in C-wing of  A1 Raza Towers  situated at C.S.No. 446 (part) 447 (part), 448 (part) of a Parel Sewari Division in B.M.C. F/S ward, R.A.Kidwai Marg, Sewri (W), Mumbai- 400 015 within period six months from the date of consent terms. So, in short the complainant shall make payment as stated in the consent terms and thereafter, the opp.party shall deliver the possession of the flat is sum and substance of the consent terms.