Supreme Court - Daily Orders
Major Sandeep Vinayak vs Army Welfare Housing Organisation ... on 4 November, 2022
Bench: Chief Justice, Bela M. Trivedi
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL DIARY NO.20021 OF 2022
MAJOR SANDEEP VINAYAK & ORS. …APPELLANT(S)
VERSUS
ARMY WELFARE HOUSING ORGANISATION (AWHO) & ORS. …RESPONDENT(S)
WITH
CIVIL APPEAL DIARY NO.30186 OF 2022
O R D E R
Application for permission to file the civil appeal is granted.
Learned counsel for the appellants submit that going by the principle adopted in the case of Lt. Col. Ajmer Singh (Retd.) vs. - Adjutant General and other [Revision Petition No.1982 of 2014 and connected matters], all the appellants are entitled to identical relief. To a query put by the Court as to how much each of them would be entitled to by same principle, learned counsel for the appellants are unable to give exact figures.
On the other hand, Mr. Tushar Mehta, learned Solicitor General appearing for the respondents on caveat, submits that there are 51 applicants who are presently before the Court and if we go by the logic Signature Not Verified as discernible from the case of Lt. Col. Ajmer Singh Digitally signed by Sanjay Kumar Date: 2022.11.12 (Retd.) , an amount of about Rs.64 Crores will have to be set apart 12:01:10 IST Reason:
to satisfy the claims of the present applicants.
It is well accepted that the activity undertaken by the Army 2 Welfare Housing Organisation (AWHO) is on ‘No Profit No Loss’. It is true that at certain stages whenever there has been escalation in prices, the concerned allottees have been directed to pay something extra but all the amounts so received go towards offsetting the impact of escalation in prices.
Before we take a final call in the matter, we deem it appropriate to call upon the appellants to file a tabular chart containing the details about the amounts they would be entitled to as per the case of Lt. Col. Ajmer Singh (Retd.).
Ordered accordingly.
It is made clear that if the needful is not done within seven days, the instant appeals shall stand dismissed without further reference to the Court.
List the matters on 14.11.2022 before the appropriate Court.
………………………………………………………...J [UDAY UMESH LALIT] ..…………………………………………………..J. [BELA M. TRIVEDI] New Delhi;
November 04, 2022.
3
ITEM NO.7 + 48 COURT NO.1 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL Diary No(s). 20021/2022 (Arising out of impugned final judgment and order dated 06-06-2022 in CC No. 221/2017 passed by the National Consumers Disputes Redressal Commission, New Delhi) MAJOR SANDEEP VINAYAK & ORS. Petitioner(s) VERSUS ARMY WELFARE HOUSING ORGANISATION (AWHO) & ORS. Respondent(s) (With IA No. 138985/2022 - PERMISSION TO FILE APPEAL) WITH CIVIL APPEAL DIARY NO.30186 OF 2022 (With appln.(s) for exemption from filing c/c of the impugned judgment and for condonation of delay in filing appeal and for condonation of delay in refiling/curing the defects) Date : 04-11-2022 These matters were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Apoorv Kurup, AOR Ms. Aparna Arun, Adv.
Ms. Nidhi Mittal, Adv.
Mr. Ojaswa Pathak, Adv.
Ms. Kaveeta Wadia, Adv.
Ms. Astha Sharma, AOR Ms. Mantika Haryani, Adv.
Ms. Sruthi Venugopal, Adv.
For Respondent(s) Mr. Tushar Mehta, Ld. SG Mr. Anand Shankar Jha, AOR Mr. Abhilekh Tiwari, Adv.
UPON hearing the counsel the Court made the following O R D E R Application for permission to file the civil appeal is granted.4
If the needful is not done within seven days, the instant appeals shall stand dismissed without further reference to the Court, in terms of the signed order.
List the matters on 14.11.2022 before the appropriate Court.
(SANJAY KUMAR-II) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER (Signed Order is placed on the file)