Supreme Court - Daily Orders
Rajiv Sarin vs M/S Ireo Grace Realtech Pvt. Ltd. on 17 February, 2023
Bench: J.K. Maheshwari, Sanjay Kumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1269 OF 2023
(Arising from Diary No. 35458/2022)
RAJIV SARIN APPELLANT(S)
VERSUS
M/S IREO GRACE REALTECH PVT. LTD. RESPONDENT(S)
ORDER
Delay condoned.
2. Heard learned counsel appearing on behalf of the appellant.
3. The only point which has been urged is that the interest may be awarded to the appellant from the due date of the deposit of the amount.
4. It is not in dispute that in the previous round of litigation, the threeJudge Bench of this Court in the case of “Ireo Grace Realtech Private Limited vs. Abhishek Khanna and Others”, reported in (2021) 3 SCC 241, has dealt with the issue of interest and according to the said judgment, the interest was directed to be paid in the peculiar facts and Signature Not Verified Digitally signed by Neetu Khajuria Date: 2023.02.18 13:02:06 IST circumstances with effect from the due date of delivery of Reason: possession, which in the present case is awarded by the National Commission by the impugned order. 2
5. Considering the aforesaid, we are not inclined to interfere in this appeal. It is accordingly dismissed.
..............................,J. (J.K. MAHESHWARI) ..............................,J. (SANJAY KUMAR) NEW DELHI;
FEBRUARY 17, 2023.
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ITEM NO.14 COURT NO.6 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). 35458/2022 (Arising out of impugned final judgment and order dated 28-07-2022 in CCN No. 1126/2019 passed by the National Consumers Disputes Redressal Commission, New Delhi) RAJIV SARIN Petitioner(s) VERSUS M/S IREO GRACE REALTECH PVT. LTD. Respondent(s) ( IA No.28423/2023-CONDONATION OF DELAY IN FILING and IA No.28424/2023-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS ) Date : 17-02-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Deepak Goel, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.
The appeal is dismissed in terms of the signed order.
(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)