Supreme Court - Daily Orders
Gulshan Arora vs M/S Srs Real Estate Ltd. on 1 April, 2022
Bench: A.M. Khanwilkar, Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION(C) NO. 1243 OF 2019
GULSHAN ARORA & ORS. Petitioner(s)
VERSUS
M/S SRS REAL ESTATE LTD. & ORS. Respondent(s)
WITH
WRIT PETITION(C) NO. 834 OF 2021
WRIT PETITION(C) NO. 209 OF 2022
O R D E R
These petitions have been filed by the home-buyers to issue direction to the Canara Bank (Respondent No.3) not to precipitate the action under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, "SARFAESI Act") against them being genuine home-buyers, who had purchased property in the concerned projects (SRS Royal Hills and SRS Pearl Residency) by taking loan from other banking/financial institutions much before the Signature Not Verified transaction Digitally signed by DEEPAK SINGH Date: 2022.04.05 effected between the Canara Bank and the 16:50:43 IST Reason:
builders-respondent No. 1 (SRS Real Estate Ltd.) and respondent No. 2 (SRS Real Infrastructure Ltd).2
It is also noticed from the pleadings that besides the action initiated by the Canara Bank under SARFAESI Act with regard to the subject project, there are some other proceedings under the Prevention of Money Laundering Act against the Directors and Officials of the respondents-builders, in which attachment orders have been issued including affecting the home-buyers.
These proceedings are mutually exclusive and need to proceed in accordance with law.
In addition, the grievances of the writ-petitioners and similarly placed persons (home-buyers of the subject project) can also be assuaged and redressed by the Real Estate Regulator Authority (RERA), inter alia, in light of the dictum of this Court in Bikram Chatterji and Ors.
vs. Union of India and Ors., reported in (2019) 19 SCC
161. We need not dilate on the merits of the issues required to be dealt with in the concerned proceedings.
After hearing learned counsel for the writ petitioners, intervenors, impleadment applicants and also concerned banks/ financial institutions and the respondent Nos. 1 and 2-builders, we are of the considered opinion that these matters need to be disposed of by continuing the interim protection given to the 3 petitioners and similarly placed genuine home-buyers in the subject project to enable them to approach the concerned Forum and seek further relief, as may be advised. The petitioners and similarly placed genuine home-buyers may do so within eight weeks from today.
The interim protection already given to the respective petitioners and similarly placed genuine home- buyers in the subject projects shall continue to operate, if they resort to appropriate proceedings before the concerned Forum within eight weeks from today and until appropriate orders are passed by the concerned Forum after hearing all concerned. The concerned Forum may decide all pleas on its own merits and in accordance with law, keeping in mind the legal position expounded in the aforementioned reported decision or any other enunciation pressed into service by the concerned parties.
Needless to observe that this liberty would also enure in favour of the banks/financial institutions who have granted loan to the genuine home-buyers before transaction effected between the Canara Bank and respondents-builders. Even those banks/financial institutions may take recourse to appropriate proceedings as may be advised, which can be dealt with by the 4 concerned Forum in accordance with law.
Needless to observe that the concerned Forum may deal with the proceedings filed by respective parties as per the liberty given in this order expeditiously. In the event any adverse order is passed by the stated Forum affecting the possession of genuine home-buyers, the same shall not be given effect to for a period of four weeks from the date of such order to enable them to take recourse to appropriate remedy.
We reiterate that all contentions as may be available to the concerned parties, including appropriate remedies as per law are left open, to be decided as and when occasion arises.
The writ petitions and all pending applications, including applications for impleadment/intervention are disposed of in the above terms.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(ABHAY S. OKA) NEW DELHI;
APRIL 01, 2022.
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ITEM NO.35+14 Court 3 (Video Conferencing) SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 1243/2019
GULSHAN ARORA & ORS. Petitioner(s)
VERSUS
M/S SRS REAL ESTATE LTD. & ORS. Respondent(s)
(IA No. 31673/2022 - APPROPRIATE ORDERS/DIRECTIONS IA No. 30632/2022 - APPROPRIATE ORDERS/DIRECTIONS IA No. 7825/2022 - EX-PARTE STAY IA No. 158715/2021 - EX-PARTE STAY IA No. 151415/2019 - EX-PARTE STAY IA No. 100182/2020 - EX-PARTE STAY IA No. 7285/2020 - EX-PARTE STAY IA No. 24850/2022 - EX-PARTE STAY IA No. 151417/2019 - EXEMPTION FROM FILING O.T. IA No. 7821/2022 - INTERVENTION/IMPLEADMENT IA No. 158710/2021 - INTERVENTION/IMPLEADMENT IA No. 100180/2020 - INTERVENTION/IMPLEADMENT IA No. 7283/2020 - INTERVENTION/IMPLEADMENT IA No. 24848/2022 - INTERVENTION/IMPLEADMENT IA No. 153473/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 151416/2019 - PERMISSION TO FILE SYNOPSIS AND LIST OF DATES) WITH W.P.(C) No. 834/2021 (X) (FOR EX-PARTE STAY ON IA 90667/2021 FOR PERMISSION TO FILE LENGTHY LIST OF DATES ON IA 90668/2021 FOR EXEMPTION FROM FILING O.T. ON IA 90670/2021 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 30643/2022 FOR impleading party ON IA 31667/2022 FOR INTERVENTION/IMPLEADMENT ON IA 31667/2022 IA No. 30643/2022 - APPROPRIATE ORDERS/DIRECTIONS IA No. 90667/2021 - EX-PARTE STAY IA No. 90670/2021 - EXEMPTION FROM FILING O.T. IA No. 31667/2022 - INTERVENTION/IMPLEADMENT IA No. 90668/2021 - PERMISSION TO FILE LENGTHY LIST OF DATES) W.P.(C) No(s). 209/2022 (FOR ADMISSION and IA No.43487/2022-EX-PARTE STAY and IA No.43489/2022-EXEMPTION FROM FILING O.T. and IA No.43488/2022- PERMISSION TO FILE LENGTHY LIST OF DATES....[TO BE TAKEN UP ALONG WITH W.P.(C) No. 1243/2019] ) 6 Date : 01-04-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Nidhesh Gupta, Sr. Adv.
Ms. Shikha Sarin, Adv.
Mr. Mohit Paul, AOR Ms. Kirti Sarin, Adv.
Mr. Bikram Dwivedi, Adv. Ms. Japneet Kaur, Adv.
For Respondent(s) Mr. Pradeep Dewan, Sr. Adv.
Mr. Anuj P. Agarwala, Adv. Mr. Pramod B. Agarwala, AOR Mr. O. P. Gaggar, AOR Mr. Sachindra Karn, Adv.
Ms. Indra Sawhney, AOR Mr. Anuj Chauhan, Adv.
Mr. Vivek Sharma, AOR Ms. Rachana Sharma, Adv. Mr. Manoj Tomar, Adv.
Mr. Vivek Sharma, AOR Mr. Chanchal Kumar Ganguli, AOR Ms. Sapna Verma Adv.
Mr. Shafik Ahmed Adv.
Mr. Vinod Goyal Adv.
Mr. Vivekanand Rana Adv. Ms. Renu Bala Adv.
Ms. Apsana Khatoon Adv.
Mr. V. Elanchezhiyan, AOR Mr. Sameer Kumar, AOR Mr. Mohit D. Ram, AOR Mr. Sanjeev Singh, Adv.
Ms. Kajal Bhatia, Adv.
Ms. Pallavi Aggarwal, Adv.
Mr. Sudhansu Palo, AOR Mr. Balbir Singh , ASG Mr. Anmol Chandan, Adv.
Ms. Nisha Bagchi, Adv.7
Mr. Mohammed Akhil, Adv., Mr. Bhuvan Kapoor, Adv.
Ms. Preeti Rani, Adv.
Mr. Mukesh Kumar Maroria, AOR Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv.
Mr. Arjun Bhatia, Adv.
Mr. Karunakar Mahalik, AOR Mr. Abhinav Ramkrishna, AOR Mr. Gautam Singhal, Adv. Mr. Rajat Choudhary, Adv. Mr. Varun Bedi, Adv.
Mr. Manik Garg, Adv.
Mr. Rameshwar Prasad Goyal, AOR Dr. Sudhir Bisla Adv Sh. Nitesh Saini, Adv Sh Satyendra Kumar, AOR Mr. Satyendra Kumar, AOR Mr. Swetank Shantanu, AOR Mr. Pratap Shanker, Adv Mr. Jyoti Kumar Singh, Adv. Mr. Ankit Kumar, Adv.
Mr. Durgesh Gupta Adv Mr. Kaushal Yadav, AOR Mr. Nandlal Kumar Mishra Adv Mr. Pramod Kumar Adv Ms. Akansha Rai Adv Ms. Apeksha Rai Adv Ms. Yashoda Katiyar Adv. Ms. Kritiya Pandey Adv Ms. Shweta Yadav Adv Mr. T. Mahipal, AOR Mr. Avi Pandey Adv., Mr. Jagriti Pandey Adv., Mr. Alok Shankar Pandey Adv., Mr. Ansh Pandey Adv.
Mr. Siddharth Bhatnagar, Sr. Adv. Mr. Pracheta Kar, Adv.
Mr. Aditya Sidhra, Adv.
Mr. Nadeem Afroz, Adv.
Ms. Pallavi Pratap, AOR Mr. Pallavi Pratap, Adv 8 Ms. Prachi Pratap, Adv.
Dr. Prashant Pratap, Adv. Ms. Neema, Adv.
Mr. Shivam Goel, Adv.
M/S. Pratap And Co., AOR Mr. Abhishek Vikas, AOR Mr. Saket Singh, Adv.
Mr. Devendra Kumar Singh, Adv. Ms. Kanunakan Mahalik, AOR Mr. Abhinav Ramkrishna, AOR Ms. Anjali Chauhan, Adv. Mr. Rajat Katyal, Adv.
Ms. Suruchi Suri, Adv.
Mr. Varun Singh Thapa, Adv.
UPON hearing the counsel the Court made the following O R D E R The writ petitions and all pending applications, including applications for impleadment/intervention are disposed of in terms of the signed order.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]