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Supreme Court - Daily Orders

The Hisar Adarsh Shanti Niketan ... vs State Of Haryana . on 2 May, 2016

Bench: Anil R. Dave, Adarsh Kumar Goel

  ITEM NO.13                                  COURT NO.2                  SECTION IVB

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

  Petition(s) for Special Leave to Appeal (C)......CC                         No(s).
  8008-8010/2016

  (Arising out of impugned final judgment and order dated 11/12/2015
  in RFA No. 7535/2011 11/12/2015 in RFA No. 7534/2011 11/12/2015 in
  RFA No. 7536/2011 passed by the High Court Of Punjab & Haryana At
  Chandigarh)

  THE HISAR ADARSH SHANTI NIKETAN COOPERATIVE HOUSE
  BUILDING SOCIETY LTD., HISAR                                                 Petitioner(s)

                                                      VERSUS

  STATE OF HARYANA AND ORS.                                                    Respondent(s)

  (with appln. (s) for c/delay in filing SLP and office report)

  Date : 02/05/2016 These petitions were called on for hearing today.

  CORAM :
                          HON'BLE MR. JUSTICE ANIL R. DAVE
                          HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

  For Petitioner(s)
                                        Mr. Rishi Malhotra,Adv.


  For Respondent(s)


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

Delay condoned.

In the peculiar facts of the case, we are not issuing notice for the reason that on similar facts, some of the petitions have been decided.

Signature Not Verified

If the respondents are aggrieved by this order, it will be open to them to approach this Court by Digitally signed by Sukhbir Paul Kaur Date: 2016.05.03 14:53:20 IST filing an application so that the matters can be reconsidered.

Reason:

These special leave petitions are disposed of with the same direction as given in the order dated 22.8.2014 in SLP(C) -2- Nos. 20531-20565 of 2014 – the relevant portion of which reads as follows :-

“From the impugned judgment of the High Court, it transpires that the High Court has followed the judgment of this Court in Ashrafi and others versus State of Haryana and others 2013 (5) SCC 527 and has given increase at the rate of 12%. This was the demand of the ratio in Ashrafi case (supra). To the extent there is no quarrel. However, it is pointed out by the learned counsel for the petitioner that in Ashrafi case (supra), yearly increase of 12% was granted cumulatively and not at flat rate. This position as contained in Ashrafi case (supra) could not be disputed by Mr. Narender Hooda, learned senior counsel for the State. Accordingly, the order of the High Court is modified to the extent that the 12% increase granted by the High Court shall be worked out on cumulative basis.


          The     special   leave     petitions      stand   disposed      of
accordingly.”




    [SUKHBIR PAUL KAUR]                        [SNEH BALA MEHRA]
        A.R.-CUM-P.S.                          ASSISTANT REGISTRAR