Supreme Court - Daily Orders
M/S. Tommorrowland Limited vs Housing And Urban Development ... on 9 April, 2024
Author: Surya Kant
Bench: Surya Kant
1
ITEM NO.19 COURT NO.4 SECTION XIV
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).34338/2016
(Arising out of impugned final judgment and order dated 03-06-2016
in RSA No.362/2014 passed by the High Court of Delhi at New Delhi)
M/S. TOMMORROWLAND LIMITED Petitioner(s)
VERSUS
HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. & ANR.Respondent(s)
IA No.56885/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No.39475/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
Date : 09-04-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Tejinder Singh Dhindsa, Sr. Adv.
Mr. Pavan Sachdeva, Adv.
Mr. Ishan Sachdeva, Adv.
Mr. Gaurav Dhingra, Adv.
Mr. M. C. Dhingra, AOR
Mr. Shashank Singh, Adv.
For Respondent(s) Mrs. Aishwarya Bhati, A.S.G.
Mrs. Suhasini Sen, Adv.
Mr. Saurabh Mishra, Adv.
Mrs. Vanshaja Shukla, Adv.
Mr. T.S, Sabarish, Adv.
Mr. Ishaan Sharma, Adv.
Mr. Amrish Kumar, AOR
Ms. Meenakshi Arora, Sr.Adv.
Mr. Nikilesh Ramachandran, AOR
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified
1. As soon as the matter was taken up for hearing, learned Digitally signed by satish kumar yadav Date: 2024.04.10 18:16:18 IST Reason: Senior Counsel for the petitioner referred to the order dated 31.01.2017 wherein this Court, while issuing notice, allowed learned Senior Counsel, who appeared on behalf of the respondent on 2 caveat, to obtain instructions from the Board regarding the return of forfeited amount to the petitioner.
2. On a query being made by the Court, Ms. Meenakshi Arora, learned Senior Counsel appearing on behalf of the respondent- Housing and Urban Development Corporation Ltd. (HUDCO), states that the said Corporation does not have sufficient funds to refund the forfeited amount to the petitioner as whatever amount the Corporation gets out of the project, the same is transmitted to the Ministry of Urban Development, Government of India.
3. Ms. Aishwarya Bhati, learned Additional Solicitor General appearing on behalf of the Union of India refers to the affidavit filed by the Union of India in the year 2019.
4. Having considered the rival submissions in this regard, we have impressed upon Ms. Aishwarya Bhati, learned Additional Solicitor General of India as well as Ms. Meenakshi Arora, learned Senior Counsel appearing on behalf of the HUDCO, to coordinate and have joint instructions from the Union of India and the HUDCO as to whether the dispute can be amicably resolved in terms of the observations made by this Court on 31.01.2017. The instructions, in this regard, shall be obtained jointly from the Union of India and the HUDCO.
5. Post the matter on 07.05.2024.
(SATISH KUMAR YADAV) (PREETHI T.C.) ADDITIONAL REGISTRAR COURT MASTER (NSH)