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Supreme Court - Daily Orders

Dlf Ltd. vs Narender Gupta on 29 October, 2018

Bench: Uday Umesh Lalit, D.Y. Chandrachud

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                                               IN THE SUPREME COURT OF INDIA

                                               CIVIL APPELLATE JURISDICTION

                                               CIVIL APPEAL No.10351 OF 2018

     DLF LTD.                                                                                 Appellant(s)

                                                                 VERSUS

     NARENDER GUPTA & ORS.                                                                    Respondent(s)




                                                           O R D E R

1. Appeal admitted.

2. Heard learned counsel for the appellant and learned counsel for the respondent.

3. In the present matter, the National Consumer Disputes Redressal Commission (NCDRC) by an interim order had directed that the respondent be put in possession of Apartment No.CTC 183 in the Project “DLF Crest”, Sector 54, DLF Phase-V, Gurgaon and had also passed other directions.

4. It is clear from the record that though 90% of the amount had been paid by the respondent, certain monies are still outstanding. The respondent contends that he has certain claims against the appellant.

5. Be that as it may, till the matter is decided and the controversy Signature Not Verified is ruled upon, it would not be proper to put the Digitally signed by MUKESH KUMAR Date: 2018.10.31 respondent 17:02:09 IST Reason: in possession of the apartment in question. We, therefore, set aside the order under appeal. 2

6. We, however, request the NCDRC to dispose of the pending complaint as expeditiously as possible, preferably within three months. Both the parties agree that till the disposal of the matter before the NCDRC, the present status of relationship between the parties as also status quo as regards the apartment in question shall be maintained. All contentions available to the parties are kept open.

7. The appeal stands disposed of accordingly.

………………………………………….….....J. (UDAY UMESH LALIT) …………….……………………………….....J. (DR. DHANANJAYA Y. CHANDRACHUD) New Delhi;

October 29, 2018
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ITEM NO.60                 COURT NO.12                 SECTION XVII

                 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.10351/2018

DLF LTD.                                               Appellant(s)

                                  VERSUS

NARENDER GUPTA & ORS.                                  Respondent(s)

(FOR ADMISSION and I.R. and IA No.147289/2018-STAY APPLICATION) Date : 29-10-2018 This appeal was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellant(s) Mr. Jayant Bhushan, Sr. Adv.
Ms. Ruby Singh Ahuja, Adv. Ms. Seema Sundd, Adv.
Mr. Pravin Bahadur, Adv.
Mr. Kamal Taneja, Adv.
Ms. Deepti Sarin, Adv.
Ms. S. Priyadarshi, Adv.
Ms. Manik Karanjawala, Adv. Mr. Nakul Gandhi, Adv.
Mr. Ritu Raj Srivastava, Adv. Mr. Aditya P. Singh, Adv.
M/s. Karanjawala & Co., AOR For Respondent(s) Mr. Yashraj Singh Deora, Adv.
Mr. Shyam Agarwal, Adv.
Mr. V. N. Raghupathy, AOR UPON hearing the counsel the Court made the following O R D E R Appeal admitted.
Civil Appeal is disposed of, in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
     (MUKESH KUMAR)                               (SUMAN JAIN)
      COURT MASTER                               BRANCH OFFICER
(Signed Order is placed on the File)