Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

(Exemption) Omaxe Buildhome Pvt Ltd vs Ibrat Faizan on 15 July, 2021

Author: Asha Menon

Bench: Asha Menon

                          $~Suppl.-4
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CM (M) 374/2021, CM APPLs.20644/2021 (by the
                                 applicant/respondent u/S 151 CPC for directions) & 20645/2021
                                 (Exemption)

                                 OMAXE BUILDHOME PVT LTD                 .....Petitioner
                                              Through: Mr. Karanjot Singh Mainee and
                                                       Mr. Arjun Rekhi, Advocates
                                              Versus
                                 IBRAT FAIZAN                            .....Respondent
                                              Through: Mr. S.K. Pal, Advocate

                                 CORAM:
                                 HON'BLE MS. JUSTICE ASHA MENON

                                                 ORDER

% 15.07.2021 [VIA VIDEO CONFERENCING] CM APPL. 20645/2021 (Exemption from filing attested affidavits)

1. The application is allowed subject to the petitioner filing duly affirmed affidavit(s) alongwith the court fees/deficit court fees, if any, within 72 hours from the date of resumption of the regular functioning of this court.

2. The application stands disposed of. CM (M) 374/2021, CM APPL.20644/2021 (by the applicant/respondent u/S 151 CPC for directions)

1. Vide this application the respondent had sought the following prayers:

A. "Direct the petitioner builder to furnish a copy of the proof of payment deposited before the Ld. Delhi State Consumer Forum and provide three possible dates within the next 30 days with the concurrence of NOIDA Authority so that the applicant can be present before the office of the sub-registrar; and B. Direct the petitioner builder to provide a self-certified copy of the deed of declaration duly appended by NOIDA Authority to his representative within the next seven days and facilitate a on- the-spot inspection of the Flat bearing No. 205 in LINCOLN-C Tower having Super area admeasuring approx. 176.51 Sq.mt./ 1900 Sq. ft. on Second Floor at "GRANDWOODS" situated at Sector 93B, Noida (U.P.) and allow him to take photographs and jointly verify if the property is ready as per the agreement to sale dated 12.04.2007; and C. Direct the petitioner builder to provide a copy of the NoObjection Certificate from the Grand Omaxe Association of Apartment Owners of Grandwood project to confirm that till date there is no common area maintenance is due on the Flat bearing No. 205 in LINCOLN-C Tower; and D. Direct the petitioner builder to complete the process of registration of Flat bearing No. 205 in LINCOLN-C Tower within one month; and E. Pass any such directions or order which this Hon'ble court deems fit and proper in the facts and circumstances of the above- mentioned case."

2. Issue notice.

3. At this stage, Mr. Karanjot Singh Mainee, learned counsel for the non-applicant/ petitioner submits that the petitioner has been ready to hand-over possession since long.

4. Mr. S.K. Pal, learned counsel for the applicant/respondent submits that since the respondent is a resident of United Kingdom, if there was clarity on the dates on which he could come and take possession, it would Signature Not Verified Signed By:MANJEET KAUR CM (M) 139/2020 Page 2 of 3 Signing Date:15.07.2021 22:36:16 be convenient.

5. This is for the parties to work out.

6. List this application along with the main petition on the date already fixed, i.e. 17th August, 2021.

7. The order be uploaded on the website forthwith.

ASHA MENON, J JULY 15, 2021/ak Signature Not Verified Signed By:MANJEET KAUR CM (M) 139/2020 Page 3 of 3 Signing Date:15.07.2021 22:36:16