Supreme Court - Daily Orders
Jaiprakash Associates Limited vs Deepti Kumar on 9 August, 2021
Bench: A.M. Khanwilkar, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2021
(Arising out of SLP(C) No.29324 of 2019)
JAIPRAKASH ASSOCIATES LIMITED Appellant(s)
VERSUS
DEEPTI KUMAR & ORS. Respondent(s)
WITH
CIVIL APPEAL NOS. OF 2021
(Arising out of SLP(C) Nos. 29729-29730 of 2019)
O R D E R
Leave granted.
Heard learned counsel for the parties. These appeals take exception to the judgment and orders dated 19.07.2019, 14.05.2019 and 24.07.2019 passed by the National Consumers Disputes Redressal Commission (for short "National Commission"), New Delhi in FA No. 380 of 2019 and FA No. 838 of 2019, whereby the National Commission directed the appellant to deposit the entire principal amount with the State Commission within two weeks from the date of the Signature Not Verified order. The National Commission further ordered that the said Digitally signed by DEEPAK SINGH Date: 2021.08.11 17:11:24 IST Reason: deposit shall not be released to the complainant(s) without prior orders of the National Commission and shall be kept in 2 an automatically renewable FDR of the Nationalized Bank.
The grievance of the appellant is that the State Commission had committed manifest error in fastening the liability on the appellant as the property in respect of which the agreement had been executed is of the ownership of the Jaypee Infratech Limited and not of the appellant. Besides, the amount has been paid to Jaypee Infratech Limited and not to the appellant. In other words, the appellant was not primarily liable to refund the amount to the respondent(s).
These arguments, however, though canvassed before the National Commission do not find mention in the impugned order.
The National Commission ought to have dealt with this submission and after recording prima facie view on that aspect then directed the appellant to deposit the principal amount if it was to hold that the appellant is liable to refund the amount.
Accordingly, we deem it appropriate to set aside the impugned judgment and order and relegate the parties before the National Commission for examining all aspects of the matter and after taking into account the argument advanced, finally dispose of the first appeal itself which is pending from the year 2019, expeditiously, preferably within three 3 months from receipt of the copy of this order. Needless to observe that the stand taken by the appellant has been countered by the learned counsel appearing for the respondent(s), including on the argument that the appellant had never raised this issue before the State Commission. Even these objections will have to be examined by the National Commission on its own merits, as aforesaid.
The National Commission may proceed to hear the matter(s) after the same is made ready and all parties file their respective responses.
All contention available to both the parties are left open.
The appeals are disposed of in the above terms. Pending applications, if any, stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (SANJIV KHANNA) New Delhi;
August 09, 2021.
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ITEM NO.35 Court 4 (Video Conferencing) SECTION XVII-A
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). 29324/2019
(Arising out of impugned final judgment and order dated 19-07-2019 in FA No. 380/2019 passed by the National Consumers Disputes Redressal Commission, New Delhi) JAIPRAKASH ASSOCIATES LIMITED Petitioner(s) VERSUS DEEPTI KUMAR & ORS. Respondent(s) IA No. 191365/2019 - EXEMPTION FROM FILING O.T.) WITH SLP(C) No. 29729-29730/2019 (XVII-A) IA No. 192432/2019 - EXEMPTION FROM FILING O.T. IA No. 192434/2019 - PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 09-08-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Vishal Gupta, AOR For Respondent(s) Ms. Sangeeta Bharti, Adv Mr. Sushil Kumar Singh, AOR Mr. Piyush Sharma, AOR Mr. Devendra Kumar Singh, Adv Mr. Karunakar Mahalik, AOR Mr. Manoranjan Mishra, Adv UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed in terms of the signed order.5
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]