Supreme Court - Daily Orders
Jatin Vardi vs Mohit Arora on 21 January, 2022
Bench: D.Y. Chandrachud, Bela M. Trivedi
1
IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
Contempt Petition (Civil) No 923 of 2021
in
Civil Appeal No 5042 of 2021
Jatin Vardi & Ors ... Petitioner(s)
Versus
Mohit Arora ... Respondent(s)
WITH
CONMT.PET.(C) No. 924/2021 in C.A. No. 5042/2021
CONMT.PET.(C) No. 925/2021 in C.A. No. 5042/2021
CONMT.PET.(C) No. 926/2021 in C.A. No. 5042/2021
CONMT.PET.(C) No. 927/2021 in C.A. No. 5042/2021
CONMT.PET.(C) No. 928/2021 in C.A. No. 5042/2021
CONMT.PET.(C) No. 937/2021 in C.A. No. 5041/2021
CONMT.PET.(C) No. 978/2021 in C.A. No. 5041/2021
CONMT.PET.(C) No. 972/2021 in C.A. No. 5045/2021
CONMT.PET.(C) No. 971/2021 in C.A. No. 5042/2021
CONMT.PET.(C) No. 967/2021 in C.A. No. 5041/2021
CONMT.PET.(C) No. 968/2021 in C.A. No. 5041/2021
CONMT.PET.(C) No. 979/2021 in C.A. No. 5041/2021
Signature Not Verified
Digitally signed by
Sanjay Kumar
Date: 2022.01.25
12:55:06 IST
Reason:
2
ORDER
1 The apartment buyers have moved these proceedings, invoking the contempt jurisdiction, on the ground that the developer, Supertech Ltd, has failed to effect refunds to the flat buyers with interest, as directed in the judgment of this Court dated 31 August 2021. The bone of contention in the contempt petitions is in regard to payments described as ‘ROI payments’ made by the developer. 2 Mr S Ganesh, senior counsel appearing on behalf of the developer, submits that the ROI payments were made at a time when the agreements with the home buyers were in existence. The agreements, it is urged, stand effaced consequent upon the judgment of this Court directing the demolition of the two towers passed by this Court. Hence, it has been urged on behalf of the developer that the ROI payments which were made by the developer must first be set off against the outstanding principal, on the analogy of the provisions of Sections 59 and 60 of the Indian Contract Act 1872. Consequently, it has been submitted that the ROI payments should first be allowed to be adjusted against the outstanding principal which is due to be repaid by the developer. 3 A detailed computation has been submitted by Mr Gaurav Agrawal, amicus curiae, in the cases of the flat buyers in the thirteen contempt petitions. This exercise was carried out to obviate any further dispute. As regards Contempt Petition (Civil) No 979 of 2021 (which is item No 4.12 on the cause-list), the issue between the home buyer and the developer needs to be sorted out, for which some time is sought by the Counsel. Hence, Contempt Petition (Civil) No 979 of 2021 is de-tagged and shall be listed on 7 February 2022. 4 The computation which has been placed on the record by the amicus curiae is extracted below:
3
“ITEM NO.4 CONTEMPT PETITION NO.923/2021 JATIN VIRDI & ORS.:
There are 2 flats involved in the above contempt petition Flat No.1603 [Joint allotment of Petitioners 1 and 2] Date of amount paid Interest @ 12% till Total amount of payment 31.08.2021 principal with interest 17.02.2010 50,000 69,239 02.03.2010 370,150 510,990 02.03.2010 60,000 82,990 07.05.2010 2,560,800 3,479,601 Rs.3,040,950 Rs.4,142,820 Rs.7,183,770 Amount of ROI already paid by Supertech=Rs.836,246/-
Total amount payable is Rs.7183,770/- (-) Rs.836,246 = Rs.63,47,524/-
Amit Khanna:
The 2nd flat is Flat No.1403 Date of amount paid Interest @ 12% till Total amount of payment 31.08.2021 principal with interest 10.03.2010 125,000 172,233 14.04.2010 245,150 334,962 14.04.2010 65,000 88,813 14.04.2010 45,000 61,486 29.04.2010 2,560,800 3,486,336 Rs.3,040,950 Rs.4,143,830 Rs.7,184,780 Amount of ROI already paid by Supertech =Rs.836,253/-
Total amount payable is Rs.71,84,780/- (-) Rs.836,253 = Rs.63,48,527/-
ITEM NO.4.1 CONTEMPT PETITION (C) NO.924/2021:
NARENDRA THAKUR & PREM LATA THAKUR Flat No.1203 Date of amount paid Interest @ 12% till Total amount of payment 31.08.2021 principal with interest 01.04.2010 50,000 68,532 26.04.2010 303,700 413,764 16.07.2010 1,414,800 1,889,863 06.06.2011 37,358 45,910 29.05.2013 741,361 734,861 29.05.2013 170,000 168,510 Rs.2,717,219 Rs.3,321,440 Rs.6,038,659 Amount of ROI already paid by Supertech =Rs.747219/-
Total amount payable is Rs.6038,659/- (-) Rs.747219 = Rs.52,91,440/-
ITEM NO.4.2 CONTEMPT PETITION NO.925/2021:
HEMEMDRA VARSHNEY & ANR Date of amount paid Interest @ 12% till Total amount of payment 31.08.2021 principal with interest 4
05.06.2010 50,000 67,463 08.09.2010 190,700 251,348 08.09.2010 120,350 158,625 27.12.2010 1,925,411 2,468,113 18.07.2011 68,714 83,496 Rs.2,355,175 Rs.3,029,045 Rs.5,384,220 Amount of ROI already paid by Supertech = Rs.2,610,886 Total amount payable is Rs.5,384,220/- (-) Rs.2,610,886 = Rs.2,773,334/-
SACHI VARSHNEY Date of amount paid Interest @ 12% Total amount of payment till 31.08.2021 principal with interest 04.06.2010 50,000 67,463 31.07.2010 188,000 240,348 27.11.2010 118,063 145,625 27.12.2010 189,8999 2,438,113 18.07.2011 65,517 79,496 Rs.2,320,579 Rs.2,971,045 52,91,624 Amount of ROI already paid by Supertech =Rs.26,39,730/- Total amount payable is Rs.52,91,624 (-) Rs.26,39,730/- = Rs.26,51,894/-
ITEM NO.4.3 CONTEMPT PETITION NO.926/2021: AARTI PURI & ORS This concerns 2 flats, i.e. Flat No.704 & 604 Calculation of Flat No.704 Date of amount paid Interest @ 12% Total amount of payment till 31.08.2021 principal with interest 17.01.2012 500,000 577,479 02.03.2012 2,772,553 3,161,166 08.04.2013 12,198 12,296 Rs.3,284,751 Rs.3,750,941 Rs.7,035,692 Amount of ROI already paid by Supertech=Rs.1,405,530/- Total amount payable is Rs.7,035,692/- (-) Rs.1,405,530 = Rs.5,630,162/- Calculation of Flat No.604 [Divya Puri] Date of amount paid Interest @ 12% Total amount of payment till 31.08.2021 principal with interest 17.01.2012 500,000 577,479 27.02.2012 1,184,343 1,311,211 09.03.2012 2,000,000 2,420,000 Rs.3,684,343 Rs.4,308,690 Rs.7,993,033 Amount of ROI already paid by Supertech=Rs.1,405,299/- Total amount payable is Rs.7,993,033/- (-) Rs.1,405,299 = Rs.6,587,734/- 5
ITEM NO.4.4 CONTEMPT PETITION NO.927/2021: MAHESH JAURA & ANR This concerns 2 flats i.e. Flat No.3110 and Flat No.2310 Calculation of Flat No.3110 Date of amount paid Interest @ 12% till Total amount of payment 31.08.2021 principal with interest 08.07.2013 1,396,059 1,365,460 13.08.2013 509,536 492,337 1,905,595 1,857,797 3,763,392 Amount of ROI already paid by Supertech=Rs.1,271,987/- Total amount payable is Rs.3,763,392/- (-) Rs.1,271,987 = Rs.2,491,405/- Calculation of Flat No.2310- Kavita Jaura Date of amount paid Interest @ 12% till Total amount of payment 31.08.2021 principal with interest 14.03.2011 500,000 625,000 16.05.2011 1,300,000 1,670,000 06.06.2011 224,369 281,679 2,024,369 2,576,679 4,601,048 Amount of ROI already paid by Supertech=Rs. 22,07,819/- Total amount payable is Rs.4,601,048/- (-) Rs. 22,07,819= Rs. 24,22,318 ITEM NO.4.5 Contempt Petition No.928/2021: Sapna Ahluwalia:
Supertech has calculated the amount due as Rs.50,94,135/- which appears to be correct.
ITEM NO.4.6 CONTEMPT PETITION NO.937/2021: SARITA KHARE Date of amount Interest @ 12% till Total amount of payment paid 31.08.2021 principal with interest 15.05.2010 125,000 169,521 19.05.2010 150,000 203,227 26.06.2010 10,000 13,424 29.06.2010 2,175,000 2,917,479 26.04.2010 50,000 68,121 2,510,000 3,371,772 5,881,772 Amount of ROI already paid by Supertech =Rs.2,526,183/-
Total amount payable is Rs.5,881,772/- (-) Rs.2,526,183 = Rs.3,355,589/- 6
ITEM NO.4.7 CONTEMPT PETITION (C) NO.978/2021:: MAQSOOD ALAM Supertech has calculated amount due as Rs.7,425,464/-, which appears to be correct.
ITEM NO.4.8 CONTEMPT PETITION (C) NO.972/2021:: VISHAL MAHESHASRI & Ors. Supertech has stated that it has transferred Rs.22,45,399/- which appears to be correct.
ITEM NO.4.9 CONTEMPT PETITION (C) NO.971/2021: RAJKISHORE & ANR :
Supertech stated that it has given a cheque of Rs.67,319/- as per the order of this Hon'ble Court. This however, is denied by the homebuyer.
ITEM NO.4.10 CONTEMPT PETITION NO.967/2021: GAURAV SETHI Date of amount paid Interest @ 12% till Total amount of payment 31.08.2021 principal with interest 16.05.2012 400,000 446,203 25.08.2012 534,560 578,555 31.08.2012 2,969,201 3,207,713 39,03,761 4,232,471 8,136,232 Amount of ROI already paid by Supertech =Rs.2,454,048/-
Total amount payable is Rs.8,136,232/- (-) Rs.2,454,048 = Rs.5,682,184/-
ITEM NO.4.11 CONTEMPT PETITION NO.968/2021: MONU KASHYAP Date Principal Interest @ 12% Total amount of amount till 31.08.2021 principal with received interest 28.05.2012 400,000 461,326 21.07.2012 200,000 227,112 21.07.2012 450,000 511,003 21.07.2012 500,000 567,781 08.08.2012 102,000 115,224 10.12.2012 670,000 729,547 20.12.2012 2,198 2,386 2,324,198 2,614,379 4,938,577 Amount of ROI already paid, therefore, balance payable =Rs.2,212,968/- Total amount payable is Rs.4,938,577/- (-) Rs.2,212,968 = Rs.2,725,609/-” 5 The refund which is due and payable arises from the final judgment of this Court.
At this stage, when the Court is exercising its contempt jurisdiction, it would be necessary to provide a solution which is consistent with the directions contained 7 in the main judgment to effect refund of the amounts which were paid by the home buyers, together with interest. Having regard to the nature of the direction which has been issued by this Court, the computation which has been made by the amicus curiae is accepted. Consequently, there is no question, at this stage, of permitting the developer to carry out an appropriation in the manner indicated in the submissions which were urged by Mr S Ganesh. The considerations which weighed with this Court when it exercised its jurisdiction under Article 142 of the Constitution to order a refund to the flat buyers is entirely distinct and the interest of justice which weighed with the Court in directing the refund with interest must be duly subserved. In the circumstances, the developer – Supertech Ltd - shall refund the amounts which are due and payable in terms of the above computation prepared by the amicus curiae, on or before 28 February 2022. The payments towards refund which have already been made shall be taken due note of in computing the balance which is due and payable. The modalities for the payment of the amounts will, it is agreed between counsel, be sorted out at a meeting which shall be convened among (i) a representative of Supertech Ltd; (ii) the home buyers; and (iii) Mr Gaurav Agrawal, amicus curiae. These modalities would be worked out having regard to the fact that in certain cases there may be home loan dues payable to the concerned financial institution. The computation which has been submitted by Mr Gaurav Agrawal, as extracted in the earlier part of this order, takes into account interest dues up to 31 August 2021, namely, the date of the judgment of this Court. Mr S Ganesh has stated that the subsequent interest for the period up to the date of the payment shall be taken into account in making the final payment. Mr S Ganesh has also stated that if RTGS details are furnished to the developer, the transfer of funds shall take place within the time schedule indicated by the Court by electronic transfer. 8 6 In Contempt Petition (Civil) No 971 of 2021 (Item 4.9 indicated in the chart of the amicus curiae), it has been stated that a cheque for Rs 67,319 is stated to have been given by the developer, but, this is denied by the home buyer. Mr S Ganesh, on seeking further instructions, confirmed that the cheque has been handed over to the home buyer. In the event that the cheque has not been handed over, the matter shall be sorted out and the payment shall be made to the home buyer.
7 During the course of the hearing, Mr Sumit Agrawal, counsel appearing on behalf of some of the home buyers, stated that the home buyers who are entitled to receive the compensatory payment in terms of the judgment of this Court, together with refund, should not be compelled to move contempt petitions. Many of them, it is urged, may not be in a position to adopt further round of proceedings.
8 Responding to the submission, Mr S Ganesh has assured the Court that as regards other home buyers who have not moved contempt petitions before this Court, necessary steps would be taken on the same basis within a period of one week to comply with the judgment and to ensure that the refund which was directed to be made by this Court of the principal, together with the compensatory interest, is duly effected. 9 All the Contempt Petitions [except Contempt Petition(C) No 979 of 2021 which is directed to be detagged and shall be listed on 7 February 2022] are accordingly disposed of.
910 Pending application, if any, stands disposed of.
…………...…...….......………………........J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [Bela M Trivedi] New Delhi;
January 21, 2022
-S-
10
ITEM NO.4 Court 4 (Video Conferencing) SECTION III-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) No. 923/2021 in C.A. No. 5042/2021 JATIN VARDI & ORS. Petitioner(s) VERSUS MOHIT ARORA Respondent(s) WITH CONMT.PET.(C) No. 924/2021 in C.A. No. 5042/2021 (III-A) (FOR ADMISSION) CONMT.PET.(C) No. 925/2021 in C.A. No. 5042/2021 (III-A) (FOR ADMISSION) CONMT.PET.(C) No. 926/2021 in C.A. No. 5042/2021 (III-A) (FOR ADMISSION) CONMT.PET.(C) No. 927/2021 in C.A. No. 5042/2021 (III-A) (FOR ADMISSION) CONMT.PET.(C) No. 928/2021 in C.A. No. 5042/2021 (III-A) (FOR ADMISSION) CONMT.PET.(C) No. 937/2021 in C.A. No. 5041/2021 (III-A) (FOR ADMISSION) CONMT.PET.(C) No. 978/2021 in C.A. No. 5041/2021 (III-A) CONMT.PET.(C) No. 972/2021 in C.A. No. 5045/2021 (III-A) (WITH IA No. 166329/2021 - EXEMPTION FROM FILING PAPER BOOKS) CONMT.PET.(C) No. 971/2021 in C.A. No. 5042/2021 (III-A) (FOR ADMISSION) CONMT.PET.(C) No. 967/2021 in C.A. No. 5041/2021 (III-A) (FOR ADMISSION) CONMT.PET.(C) No. 968/2021 in C.A. No. 5041/2021 (III-A) (FOR ADMISSION) CONMT.PET.(C) No. 979/2021 in C.A. No. 5041/2021 (III-A) Date : 21-01-2022 These petitions were called on for hearing today. 11 CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE BELA M. TRIVEDI Mr. Gaurav Agrawal, Adv. (A.C.) For Petitioner(s) Mr. Abraham Mathews, Adv.
Mr. Vivek Paul Oriel, Adv. Mr. Nishe Rajen Shonker, AOR Mr. Alim Anvar, Adv.
Mr. Ajit Kr.Thakur, Adv.
Mr. Sameer Singh, Adv.
Mr. Vijay Kumar Singh, Adv. Mr. Sahil Lochab, Adv.
Ms. Neelam Singh, Adv.
Mr. Pankaj Jain, Sr. Adv.
Mr. Guarav Mittal, Adv.
Ms. Divya Suri, Adv.
Mr. Sachin Bhardwaj, Adv. Mr. Sandiv Kalia, Adv.
Mr. Satbir Singh Pillania, Adv. Mr. V G R Achary, Adv.
Mr. Nand Ram, Adv.
Dr. Sushil Balwada, AOR Mr. Abhay Pratap Singh, AOR Mr. Aaryaan Sadanand, Adv. Ms. Vanshika Gupta, Adv.
Mr. Rahul Malik, Adv.
Ms. Rupali Sharma, AOR Mr. Mohammed Sadique T.A., AOR For Respondent(s) Mr. S. Ganesh, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Rishabh Parikh, Adv.
Mr. S.Sahil Reddy, Adv.
Mr. Ashutosh Kumar, Adv.
Mr. Pulkit Agarwal, AOR Ms. Prachi Mishra, Adv.
Mr. Chaitanya Bansal, Adv. Mr. Arjun Garg, AOR Mr. Sumit Agrawal, Adv.12
UPON hearing the counsel the Court made the following O R D E R 1 All the Contempt Petitions [except Contempt Petition(C) No 979 of 2021 which is directed to be detagged and shall be listed on 7 February 2022] are accordingly disposed of.
2 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER (Signed order is placed on the file)