Supreme Court - Daily Orders
Supertech Ltd vs Emerald Court Owner Resident Welfare ... on 30 July, 2018
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
ITEM NO.27 COURT NO.1 SECTION XI
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) No(s).11959/2014
(Arising out of impugned final judgment and order dated 11-04-2014
in WP No. 65085/2012 passed by the High Court Of Judicature At
Allahabad)
SUPERTECH LTD Petitioner(s)
VERSUS
EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION & ORS.
Respondent(s)
(IA No.18211/2018-impleading party and IA No.18217/2018-
CLARIFICATION/DIRECTION)
WITH
[ITEM NO.27.1 - SLP(C) No.12470/2014 (XI)
IA No.2/2015 – Exemption from filing O.T.];
[ITEM NO.27.2 - SLP(C) No.14262/2014 (XI)];
[ITEM NO.27.3 - SLP(C) No.14314/2014 (XI)
FOR [APPLICATION FOR IMPLEADMENT] ON IA 24785/2017
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 67028/2017
FOR CLARIFICATION/DIRECTION ON IA 68049/2017
FOR INTERVENTION APPLICATION ON IA 68461/2017
FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 68465/2017
FOR INTERVENTION APPLICATION ON IA 96187/2017
FOR impleading party ON IA 96289/2017
FOR INTERVENTION/IMPLEADMENT ON IA 96289/2017
FOR impleading party ON IA 121085/2017
FOR INTERVENTION/IMPLEADMENT ON IA 121085/2017
FOR impleading party ON IA 121826/2017
FOR INTERVENTION/IMPLEADMENT ON IA 121826/2017
FOR PERMISSION TO FILE APPLICATION FOR DIRECTION ON IA 121828/2017
FOR impleading party ON IA 121841/2017
FOR INTERVENTION/IMPLEADMENT ON IA 121841/2017
FOR PERMISSION TO FILE APPLICATION FOR DIRECTION ON IA 121842/2017
FOR INTERVENTION APPLICATION ON IA 6919/2018
FOR INTERVENTION APPLICATION ON IA 14898/2018)SLP(C) No. 12427/2015
(XI)];
[ITEM NO.27.4 - SLP(C) No.21035/2014 (XI)
IA No.68091/2017-impleading party and
IA No.68096/2017-APPROPRIATE ORDERS/DIRECTIONS];
Signature Not Verified
Digitally signed by
[ITEM NO.27.5 - SLP(C) No. 31117/2014 (XI)];
SUBHASH CHANDER
Date: 2018.07.30
18:00:57 IST
[ITEM NO.27.6 - SLP(C) No.12427/2015 (XI)];
Reason:
[ITEM NO.27.7 - SLP(C) No.12947/2015 (XI)]; and
[ITEM NO.27.8 - SLP(C) No.12948/2015 (XI)].
... /2
SLP(C)No.11959/14 etc. ... (contd.)
- 2 -
Date : 30-07-2018 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Supertech Ltd. Mr. Keshav Mohan, Adv.
Mr. R. Chandrachud, Adv. [AOR]
Mr. Rajnish Singh, Adv.
Mr. Nitin Thukral, Adv.
Mr. Piyush Choudhry, Adv.
Mr. Karan Sharma, Adv.
Ms. Shalini Acharya, Adv.
For Petitioner(s) Mr. Ravindra Kumar, Adv. [AOR]
Mr. Somiran Sharma, Adv. [AOR]
Mr. T.V.S. Raghavendra Sreyas, Adv. [AOR]
Ms. Gayatri Gulati, Adv.
Ms. Sneh Dhillon, Adv.
Mr. Abraham C. Mathews, Adv.
Ms. Mahima Gupta, Adv. [AOR]
Mr. M. Shoeb Alam, Adv. [AOR]
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karin Khan, Adv.
Mr. Shantanu Krishna, Adv. [AOR]
Mr. Faisal Sherwani, Adv.
Mr. Achal Gupta, Adv.
Mr. Ashish Rana, Adv. [AOR]
Mohd. Parvez Dabas, Adv.
Mr. Uzmi Jameel Husain, Adv.
Mr. Shakil Ahmed Syed, Adv. [AOR]
For Respondent(s) Mr. S.A. Haseeb, Adv.
Mr. M. Rambabu, Adv.
for
Mr. B. Krishna Prasad, Adv. [AOR]
Mr. Milind Kumar, Adv. [AOR]
Mr. Ravi Prakash Mehrotra, Adv. [AOR]
... /3
SLP(C)No.11959/14 etc. ... (contd.)
- 3 -
Mr. Rajeev Kumar Dubey, Adv.
for
Mr. Kamlendra Mishra, Adv. [AOR]
Mr. Tarun Gupta, Adv. [AOR]
Mr. Vishwa Pal Singh, Adv. [AOR]
Mrs. Bina Gupta, Adv. [AOR]
Mr. Ravindra Kumar, Adv. [AOR]
Mr. Keshav Mohan, Adv.
Mr. Gaurav Kejriwal, Adv. [AOR]
Mr. Piyush Choudhary, Adv.
Mr. Vinay Garg, Adv. [AOR]
/ Applicant (s) Mr. Suchit Mohanty, Adv.
Mr. Anupam Lal Das, Adv. [AOR]
For Applicant (s) Mr. Nitish Massey, Adv.[AOR]
Mr. Umang Shankar, Adv. [AOR]
Mr. Rajeev Singh, Adv. [AOR]
Ms. Pinky Behera, Adv. [AOR]
Mr. N. Swaminathan, Adv.
Mr. K.S. Lather, Adv.
Mr. Ashok Kumar Singh, Adv.
Mr. Sumit R. Sharma, Adv. [AOR]
In person
IA No.14898/10 Ms. Aparna Bhat, Adv. [AOR]
Mr. Mayank Sapra, Adv.
Mr. Pukhrambam Ramesh Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Keshav Mohan, learned counsel for Supertech Ltd. and Mr. Singh and Mr. Shoeb Alam, learned counsel appearing for some of the home buyers who have been grouped in the category of 111 home buyers.
... /4 SLP(C)No.11959/14 etc. ... (contd.)
- 4 -
It is submitted by Mr. Gaurav Agrawal, learned Amicus Curiae that he has discussed with all the 111 home buyers who have agreed to accept the principal amount along with simple interest @ 12% p.a. as per the calculation made by Mr. Agrawal. Affidavits to that effect have been filed by the said home buyers.
To satisfy the claim of 111 home buyers, an amount of Rs.35,00,00,000/- (Rupees thirty five crores) is required to be deposited before this Court, out of which an amount of Rs.15,00,00,000/- (Rupees fifteen crores) has already been deposited.
Another aspect that has been brought to our notice is that there are 24 home buyers who are insistent upon getting interest @ 14% p.a.. That apart, there are 15 persons who are coming under the Subvention Scheme and they want to get out of the project.
We have also been apprised that there is dispute between two home buyers and the developer with regard to the quantum. In this regard, on the last occasion, we had requested Mr. Agrawal to reconciliate. It is urged by him that these two home buyers say that they have paid Rs.10,00,000/- (Rupees ten lacs) more but the said fact is disputed by learned counsel for Supertech Ltd. on the ground that they were not paid by cheque. The said home buyers have produced receipts before Mr. Agrawal which he could not have dealt with.
In view of the aforesaid, it is directed as follows :
(a) The Supertech Ltd. shall deposit an amount of Rs.7,00,00,000/- (Rupees seven crores) before the Registry of this Court by 05th September 2018;
(b) The balance amount, i.e., Rs.13,00,00,000/-
(Rupees thirteen crores) shall be deposited by the end of November 2018;
(c) As far as the 24 home buyers who are insisting on 14% p.a. interest, as substantial majority of the SLP(C)No.11959/14 etc. ... (contd.)
- 5 -
home buyers have accepted the rate of interest at 12% p.a., they are directed to accept as per the calculation of the learned Amicus Curiae. We say so as they have not initiated any litigation and this Court has issued this direction taking into consideration the fact situation;
(d) A lump sum interest of Rs.1,00,00,000/- (Rupees one crore) shall be deposited before the Registry of this Court within the said period to compensate the delayed payment to the 111 + 24 buyers referred to above and for the extension of time granted by this Court;
(e) As far as the dispute by two home buyers, viz., Mr. Sanjeev Agrawal and Ms. Rashmi Arora regarding quantum of payment is concerned, they have paid an amount of Rs.38,51,009/- (Rupees thirty eight lacs fifty one thousand nine) and Rs.17,43,162/- (Rupees seventeen lacs forty three thousand one hundred sixty two) respectively by cheque. It is directed that the said amount be refunded with 12% p.a. simple interest, as calculated by learned Amicus Curiae. In addition, they will be paid Rs.3,00,000/- (Rupees three lacs) each on which they will not be entitled to any interest;
(f) The deposited amount along with interest shall be disbursed by the Registry on pro rata basis with the assistance of Mr. Gaurav Agrawal. Registry shall disburse the amount within a period of ten days hence;
(g) As far as the 15 persons who come under the Subvention Scheme, liberty is granted to them to approach the appropriate legal forum, as advised in law. However, in the meantime, the developer shall go on paying the EMI.
... /6 SLP(C)No.11959/14 etc. ... (contd.)
- 6 -
It is made clear that the present arrangement has been made in view of the difficulties faced by the home buyers. As far as the merits of the case is concerned, let the matter be listed in the 2nd week of October 2018.
In case of failure of compliance by Supertech Ltd., liberty is granted to the respondents/home buyers to approach this Court in accordance with law.
I.A.No.14898/2018 in S.L.P.(C)No.14314/2014 The deposit by Supertech in this case, by no manner, will affect the rights and interest of any other home buyer in any other proceeding.
I.A. stands disposed of accordingly.
(Subhash Chander) (H.S. Parasher)
AR-cum-PS Assistant Registrar