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Delhi High Court - Orders

Sameer Dhanrajani vs M/S Anand Divine Developers Pvt. Ltd. & ... on 29 May, 2023

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                                          $~27 to 30
                                          *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +           CONT.CAS(C) 670/2021 & CM APPL. 36441/2022
                                                      SAMEER DHANRAJANI                                                            ..... Petitioner
                                                                                         Through:                Mr. Neeraj Sharma, (Through VC)
                                                                                                                 Mr. Adhish Rajvanshi, Advocates

                                                                                         versus

                                                      M/S ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.
                                                                                                                                   ..... Respondents
                                                                                         Through:                Mr. Krish Kalra, Advocate.
                                          28
                                          +           CONT.CAS(C) 672/2021 & CM APPL. 36442/2022
                                                      PUNEET RAMANI & ANR.                                                         ..... Petitioners
                                                                                         Through:                Mr. Neeraj Sharma, (Through VC)
                                                                                                                 Mr. Adhish Rajvanshi, Advocates
                                                                                         versus

                                                      M/S ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.
                                                                                                                                   ..... Respondents
                                                                                         Through:                Mr. Krish Kalra, Advocate.
                                          29
                                          +           CONT.CAS(C) 674/2021 & CM APPL. 36440/2022
                                                      VAMAN SABHARWAL & ANR.                                                       ..... Petitioners
                                                                                         Through:                Mr. Neeraj Sharma, (Through VC)
                                                                                                                 Mr. Adhish Rajvanshi, Advocates

                                                                                         versus

                                                      M/S ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.
                                                                                                                                   ..... Respondents
                                                                                         Through:                Mr. Krish Kalra, Advocate.




This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/10/2023 at 01:51:52
                                           30
                                          +           CONT.CAS(C) 675/2021 & CM APPL. 36443/2022
                                                      VISHAL KANODIA & ANR.                                                        ..... Petitioners
                                                                                         Through:                Mr. Neeraj Sharma, (Through VC)
                                                                                                                 Mr. Adhish Rajvanshi, Advocates
                                                                                         versus

                                                      M/S ALMOND INFRABUILD PVT. LTD. & ORS. ..... Respondents
                                                                                         Through:                Mr. Krish Kalra, Advocate.
                                          CORAM:
                                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                                      ORDER

% 29.05.2023

1. Mr. Getamber Anand, Director, M/s Anand Divine Developers Pvt. Ltd., is personally present in Court.

2. The learned counsel for the Petitioner states that the Respondent herein is in default of the payment of the pre-possession Equated Monthly Instalments ('EMIs'). He states that the Petitioner has been compelled to service the entire amount (100%) EMIs on account of the wilful default of the Respondent. He states that the Respondent has undertaken to pay 50% amount of the pre-possession EMIs for the period from 14.10.2020 till date.

3. The learned counsel for the Respondent disputes the aforesaid submission and states on instructions from Mr. Getamber Anand, Director, M/s Anand Divine Developers Pvt. Ltd., that the Respondent has paid the 50% amount of the pre-possession EMIs.

4. The Respondent is directed to file within one (1) week an affidavit tabulating the amount paid by Respondent towards the pre-possession EMIs each month between 14.10.2020 till 10.05.2023. The said affidavit shall This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 01:51:52 specifically detail the amount paid by the Respondent towards each instalment, which fell due after 14.10.2020. The Respondent will also place on record a certificate from the bank confirming that all EMIs due till May, 2023 stand paid in full. The Respondent's affidavit will duly disclose the details of his bank accounts from which the amounts have been remitted to the Petitioner towards reimbursement of the EMIs.

5. The learned counsel for the Respondent states that he will deposit the sum of Rs. 89 lakhs within three (3) days with the Registrar General of this Court.

6. The parties are directed to file their written submissions not exceeding three pages within a period of one (1) week from today.

7. List on 02.08.2023.

8. Respondent No.2, Mr. Getamber Anand, Director, M/s Anand Divine Developers Pvt. Ltd., is directed to remain present in Court on the next date of hearing.

MANMEET PRITAM SINGH ARORA, J MAY 29, 2023/hp and msh/sk This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 01:51:53