Delhi High Court - Orders
Shalabh Gupta & Ors vs Union Of India & Ors on 25 August, 2022
Author: Sachin Datta
Bench: Sachin Datta
$~8 to 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7250/2022 and C.M. Appl. No. 22194/2022 (for stay)
SHALABH GUPTA & ORS. ..... Petitioners
Through: Mr. Varun Goel, Mr. Manish Raghav
and Mr. Hemant Gupta, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Neeraj Sahaj Vedansh and
Mr.Rudra, Advocates for R-1.
Mr. Ramesh Babu, Ms. Manisha
Singh and Ms. Jagriti Bharti,
Advocates for R-2.
+ W.P.(C) 10210/2022 and C.M. Appl. No. 29516/2022 (for stay)
PUNEET ANAND AND ORS ..... Petitioners
Through: Mr. Aditya, Mr. Piyush Singh,
Mr.Akshay Srivastava and Mr. Akhil
Kukreja, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms. Pratima N. Lakra, CGSC with
Ms. Vrinda Baheti, Advocate for R-1.
Mr. Ramesh Babu, Ms. Manisha
Singh and Ms. Jagriti Bharti,
Advocates for R-2.
+ W.P.(C) 10224/2022 and C.M. Appl. No. 29530/2022 (for stay)
SANDEEP CHADHA AND ORS ..... Petitioners
Through: Mr. Aditya, Mr. Piyush Singh,
Mr.Akshay Srivastava and Mr. Akhil
Kukreja, Advocates.
versus
Signature Not Verified
Digitally Signed By:ANU
KAPOOR
Signing Date:29.08.2022
17:20:39
UNION OF INDIA AND ORS ..... Respondents
Through: Ms. Pratima N. Lakra, CGSC with
Ms. Vrinda Baheti, Advocate for R-1.
Mr. Ramesh Babu, Ms. Manisha
Singh and Ms. Jagriti Bharti,
Advocates for R-2.
Mr. Kuber Dewan, Ms. Neeharika
Agarwal, Ms. Trisha Raychaudhuri
and Mr. Kaustubh Srivastava,
Advocates for ICICI.
+ W.P.(C) 10225/2022 and C.M. Appl. No. 29532/2022 (for stay)
GAURAV SAPRA AND ORS ..... Petitioners
Through: Mr. Aditya, Mr. Piyush Singh,
Mr.Akshay Srivastava and Mr. Akhil
Kukreja, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC
with Mr. Kushagta Kumar, Advocate
for R-1.
Mr. Ramesh Babu, Ms. Manisha
Singh and Ms. Jagriti Bharti,
Advocates for R-2.
+ W.P.(C) 9761/2022 and C.M. Appl. No. 28941/2022 (for stay)
RAHUL BAHTNAGAR AND ORS ..... Petitioners
Through: Mr. Amandeep Singh, Mr. Karamvir,
Mr. Dilip K. Niranjan and Ms.Surabhi
Singh, Advocates.
versus
Signature Not Verified
Digitally Signed By:ANU
KAPOOR
Signing Date:29.08.2022
17:20:39
UNION OF INDIA AND ORS ..... Respondents
Mr. Ripu Daman Bhardwaj, CGSC
with Mr. Kushagta Kumar, Advocate
for R-1.
Mr. Bhagwan Swaroop Shukla,
CGSC with Mr. Ramkaran, Advocate
for R-2.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 25.08.2022
1. Learned counsel for the petitioners has placed on record a copy of the order passed by a Co-ordinate Bench of this Court in the case of Ashish Tiwari Vs. Union Bank of India, W.P.(C) 10223/2021, in which this Court, after considering the matter at some length, has directed as under:-
"27. In my view, the balance of convenience at this interim stage lies in favour of the beleaguered home buyers, keeping in view that they are being penalized despite not being at fault. The respondents' plea that the petitioners are obligated to pay the amount in the pre-EMIs and the EMIs, despite the admitted position that under the terms of the tri-partite agreement, it was incumbent upon the developers to pay the amount of EMIs until the possession of the flats was transferred to them, will need to be examined. However, at this interim stage, grave and irreparable loss will be caused to the petitioners if they are not granted any interim protection.
28. It is therefore, directed that till the next date, the respondents will stand restrained from taking any coercive steps against the petitioners. It is however, made clear that the observations made in this order are based on a prima facie view and will not prejudice any of the parties at the time of final hearing."
2. It is not disputed by learned counsel for the parties that the petitioners in the present case are identically placed as the petitioner in W.P.(C) Signature Not Verified Digitally Signed By:ANU KAPOOR Signing Date:29.08.2022 17:20:39 10223/2021.
3. Attention is also drawn to the order dated 17.08.2022 in the case titled as Rakesh Verma Vs. Union of India and Ors., passed in W.P.(C) 10686/2022, whereby it has been observed as under:-
"10. As a prima facie case of maintainability has been made out, and the only ground on which Ms. Sondhi seeks to distinguish the order passed by the Coordinate Bench in Ashish Tiwari is that, in the said order, the issue of maintainability had not been considered, in the interests of maintaining consistency and uniformity, I am inclined to pass orders in terms of the order dated 31st January 2022 passed by the Coordinate Bench in Ashish Tiwari."
4. Issue notice.
5. Learned counsel, as aforesaid, accepts notice on behalf of the respondents.
6. Let counter affidavit be filed within a period of four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
7. In the light of the aforesaid, following the interim orders which have been passed in W.P.(C) 10223/2021 and W.P.(C) 10686/2022, it is directed that till the next date of hearing, the respondents shall be restrained from taking any coercive steps against the petitioners.
8. List on 2nd March, 2023.
SACHIN DATTA, J AUGUST 25, 2022 AK Signature Not Verified Digitally Signed By:ANU KAPOOR Signing Date:29.08.2022 17:20:39