Sumit Kumar Sood vs M/S Emaar Mgf Land Limited (Now Known As ... on 13 August, 2024

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Supreme Court - Daily Orders

Sumit Kumar Sood vs M/S Emaar Mgf Land Limited (Now Known As ... on 13 August, 2024

1. Learned counsel for the parties state that the parties have been able to arrive at an out of Court settlement whereunder it has been agreed by the parties that the respondent-Developer shall refund a sum of ₹1,52,36,804/- (Rupees One Crore Fifty Two Lakhs Thirty Six Thousand Eight Hundred Four only) to the appellants along with interest @ 6% per annum from the respective dates of each deposit, till the date of payment. Signature Not Verified Digitally signed by geeta ahuja Date: 2024.08.28

2. It is agreed that the said amount shall be paid to the appellants within six 18:12:20 IST Reason: weeks from today.

1 CIVIL APPEAL NO. 9113 OF 2022 ETC.

3. The operative para of the impugned order stands modified to the aforesaid extent.

4. The appeal stands disposed of in terms of the settlement arrived at between the parties and recorded above.

5. In the event of any default in making the payments within the agreed time, the interest component shall revert back to 9% per annum. CIVIL APPEAL NO.2986 OF 2023

1. Taken on board.

2. In view of the aforesaid order, the cross appeal filed by the respondent (in Civil Appeal No.9113 of 2023) stands disposed of along with pending application(s), if any.

CIVIL APPEAL NO.5809 OF 2023

1. We do not find any merit in the present appeal.

2. The appeal is dismissed. Pending application(s), if any, are disposed of.

3. At this stage, learned counsel for the appellant states that a reasonable time may be granted to comply with the impugned order. The appellant is granted six weeks’ time to comply with the impugned order. The respondent shall not take any coercive steps against the appellant for a period of six weeks reckoned from today.

CIVIL APPEAL NO.6499 OF 2023

1. Learned counsel for the parties state that the parties have been able to arrive at an out of Court settlement whereunder it has been agreed by the 2 CIVIL APPEAL NO. 9113 OF 2022 ETC.

parties that the appellant-Developer shall refund ₹1,07,90,736/- (Rupees One Crore Seven Lakhs Ninety Thousand Seven Hundred Thirty Six only) to the respondents along with interest @ 8% per annum from the respective dates of each deposit till the date of payment.

2. It is agreed that the said amount shall be paid to the respondents within six weeks from today.

3. The operative para of the impugned order stands modified to the aforesaid extent.

4. The appeal stands disposed of in terms of the settlement arrived at between the parties and recorded above.

5. In the event of any default in making the payments within the agreed time, the interest component shall revert back to 9% per annum. CIVIL APPEAL NO.5034 OF 2023

1. Learned counsel for the appellant states that during the pendency of the present matter, the parties were referred to the Supreme Court Mediation Centre before whom the Settlement Agreement dated 04 th July, 2024 was executed. The appellant has already complied with the terms and conditions of the Settlement Agreement and nothing further survives for adjudication in the present matter.

2. In view of the submission made hereinabove, the Settlement Agreement dated 04th July, 2024 is taken on record. The parties are bound down by the terms thereof.

3 CIVIL APPEAL NO. 9113 OF 2022 ETC.

3. The appeal stands disposed of along with pending application(s), if any.

……………………….......................J. ( HIMA KOHLI ) ……………………….......................J. ( SANDEEP MEHTA) NEW DELHI 13th AUGUST, 2024 GA 4 CIVIL APPEAL NO. 9113 OF 2022 ETC.



ITEM NO.34                COURT NO.9                  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   NO. 9113 OF 2022

SUMIT KUMAR SOOD & ANR.                                APPELLANT(S)

                                   VERSUS

M/S EMAAR MGF LAND LIMITED (NOW KNOWN AS M/S EMAAR INDIA LIMITED) RESPONDENT(S) ( IA No. 196566/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) WITH C.A. No. 5809/2023 (XVII-A) (mediation report received IA No. 170663/2023 - STAY APPLICATION) C.A. No. 6499/2023 (XVII-A) ( mediation report received IA No. 145745/2023 - EX-PARTE STAY) C.A. No. 5034/2023 (XVII-A) (Mediation Report received IA No. 144730/2023 - STAY APPLICATION) C.A. NO.2986/2023 Date : 13-08-2024 These matters were called on for hearing today. CORAM :

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANDEEP MEHTA For Appellant(s) Mr. Aditya Parolia, Adv.

Mr. Piyush Singh, Adv.

Mr. Akshay Srivastava, Adv. Ms. Sumbul Ismail, Adv. Mr. Alankrit Bhatnagar, Adv. Mr. Gaurav Goel, AOR Mr. Sunil Mund, Adv.

Mr. Vedant Mund, Adv.

Mrs. Prabhati Nayak, Adv. Mr. Umakant Misra, Adv. Mr. Niranjan Sahu, AOR 5 CIVIL APPEAL NO. 9113 OF 2022 ETC.

Mr. Debabrata Dash, Adv. Ms. Apoorva Sharma, Adv.

For Respondent(s) Mr. Sidharth Luthara, Sr. Adv.

Ms. Tarannum Cheema, Adv. Mr. Akshay Nagarajan, Adv. Mr. Akash Singh, Adv.

Mr. Sanjay Jain, AOR Mr. Sunil Mund, Adv.

Mr. Vedant Mund, Adv.

Mrs. Prabhati Nayak, Adv. Mr. Umakant Misra, Adv. Mr. Debabrata Dash, Adv. Ms. Apoorva Sharma, Adv. Mr. Niranjan Sahu, AOR Mr. Roopansh Purohit, AOR Mr. Gaurav Teotia, Adv. Mr. Harsh Panwar, Adv.

UPON hearing the counsel the court made the following O R D E R CIVIL APPEALNO.2986 OF 2023.

Taken on Board.

CIVIL APPEALS NO.9113 OF 2022, 2986 OF 2023, 6499 OF 2023, 5034 OF 2023 The appeals stand disposed of along with pending application(s), if any, in terms of the signed order. CIVIL APPEAL NO.5809 OF 2023.

The appeals is dismissed in terms of the signed order. Pending application(s), if any, are disposed of.

   (Nand Kishor)                                          (Geeta Ahuja)
Court Master (NSH)                                  Assistant Registrar-cum-PS

(Common signed order is placed on the file) 6

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Supreme Court - Daily Orders