Supreme Court - Daily Orders
M/S Ireo Grace Realtech Pvt. Ltd. vs Sunita Sehgal on 28 January, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2019
DIARY NO. 48148 OF 2018
M/S. IREO GRACE REALTECH PVT. LTD. Appellant(s)
VERSUS
SUBODH PAWAR ETC. Respondent(s)
O R D E R
Delay condoned.
Mr. Mukul Rohatgi, learned senior counsel upon instructions from Mr. Manjeet Singh, the authorised representative of the appellant, states that the moneys which are due and payable under the impugned order of the National Consumer Disputes Redressal Commission to the three purchasers namely, Subodh Pawar, Ritu Bansal and Geeta Bansal shall be refunded within a period of four weeks from today, together with interest at the rate of 10 per cent per annum with effect from 27 May 2018 until the date of payment.
It has been agreed by the respondents that if the aforesaid payment is made in the terms as agreed, all the Signature Not Verified Digitally signed by MANISH SETHI Date: 2019.02.02 claims, dues and outstandings of the respondents shall stand 13:51:44 IST Reason: closed and the execution proceedings before the NCDRC shall stand withdrawn. In the event of default, the appellant shall 2 lose the benefit of this order and the order passed by the NCDRC shall stand.
The civil appeals are, accordingly, disposed of in the above terms. No costs.
...…...….......………………........J. (DR. DHANANJAYA Y. CHANDRACHUD) …...…........……………….…........J. (HEMANT GUPTA) NEW DELHI, January 28, 2019 3 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). OF 2019 DIARY NO. 48101 OF 2018 M/S. IREO GRACE REALTECH PVT. LTD. Appellant(s) VERSUS SURENDRA ARORA ETC. Respondent(s) O R D E R Delay condoned.
Mr. Mukul Rohatgi, learned senior counsel upon instructions from Mr. Manjeet Singh, the authorised representative of the appellant, states that the moneys which are due and payable under the impugned order of the National Consumer Disputes Redressal Commission to the four other purchasers, namely, Surendra Arora, Kirti Singh, Mohit Arora and Manu Rikhye shall be refunded within a period of four weeks from today, together with interest at the rate of 10 per cent per annum with effect from 10 July 2017 until the date of payment.
It has been agreed by the respondents that if the aforesaid payment is made in the terms as agreed, all the claims, dues and outstandings of the respondents shall stand closed and the execution proceedings before the NCDRC shall 4 stand withdrawn. In the event of default, the appellant shall lose the benefit of this order and the order passed by the NCDRC shall stand.
The civil appeals are, accordingly, disposed of in the above terms. No costs.
...…...….......………………........J. (DR. DHANANJAYA Y. CHANDRACHUD) …...…........……………….…........J. (HEMANT GUPTA) NEW DELHI, January 28, 2019 5 ITEM NO.16+63 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 Diary No(s). 48102/2018 (Arising out of impugned final judgment and order dated 08-10-2018 in CC No. 1488/2017 passed by the National Consumers Disputes Redressal Commission, New Delhi) M/S IREO GRACE REALTECH PVT. LTD. Petitioner(s) VERSUS SUNITA SEHGAL & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.10590/2019-CONDONATION OF DELAY IN FILING and IA No.10591/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.10593/2019-EX-PARTE STAY ) WITH Diary No. 48148/2018 (FOR ADMISSION AND I.R. AND IA NO. 8484/2019-CONDONATION OF DELAY IN FILING AND IA NO. 8488/2019-EX-PARTE STAY) Diary No. 48101/2018 (IA NO. 7849/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO. 7850/2019-EX-PARTE STAY AND IA NO. 7847/2019- CONDONATION OF DELAY IN FILING APPEAL) Date : 28-01-2019 These matters were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA Counsel for the parties:-
Mr. Mukul Rohatgi, Sr. Adv. Mr. C.U. Singh, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Anshuman Srivastava, Adv. Ms. Sayaree Basu Malik, Adv. Ms. Aastha Mehta, Adv.
Mr. A.R. Takkar, Adv.
Ms. Shreya Takkar, Adv. Mr. Amarjit, Adv.
Mr. A.V. Balan, Adv.
V.S. Lakshmi, Adv.6
Mr. E. C. Agrawala, AOR Mr. Akshat Goel, Adv.
UPON hearing the counsel the Court made the following O R D E R CIVIL APPEAL Diary No. 48148 of 2018 and CIVIL APPEAL Diary No. 48101 of 2018 Delay condoned.
The appeals are disposed of in terms of the signed orders.
CIVIL APPEAL Diary No(s). 48102/2018 Delay condoned.
Issue notice returnable in two weeks.
Dasti service, in addition, is permitted.
List on 11 February 2019.
(MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER (Two signed orders are placed on the file)