Supreme Court - Daily Orders
Dhirender Sharma . vs Ememerald Court Owners Resident ... on 23 October, 2017
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
ITEM NO.36 COURT NO.1 SECTION XI
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). 14314/2014
(Arising out of impugned final judgment and order dated 11-04-2014
in WP No. 65085/2012 passed by the High Court Of Judicature At
Allahabad)
DHIRENDER SHARMA . & ORS. Petitioner(s)
VERSUS
EMEMERALD COURT OWNERS RESIDENT WELFARE
ASSOCIATION & ORS. Respondent(s)
(IA No.67028/2017-APPROPRIATE ORDERS/DIRECTIONS and IA
No.68049/2017-CLARIFICATION/DIRECTION and IA
No.68461/2017-INTERVENTION APPLICATION and IA
No.68465/2017-PERMISSION TO APPEAR AND ARGUE IN PERSON and IA
No.96187/2017-INTERVENTION APPLICATION and IA
No.96289/2017-impleading party)
WITH
SLP(C) No. 11959/2014 (XI); SLP(C) No. 12470/2014 (XI);
SLP(C) No. 14262/2014 (XI);
SLP(C) No. 21035/2014 (XI);
(IA No.68091/2017-impleading party and IA No.68096/2017-APPROPRIATE
ORDERS/DIRECTIONS)
SLP(C) No. 31117/2014 (XI); SLP(C) No. 12947/2015 (XI); and
SLP(C) No. 12948/2015 (XI).
Date : 23-10-2017 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
Mr. Gaurav Agarwal, Adv. (A.C.)
For Petitioner(s) Ms. Samridhi Jain, Adv.
Mr. T.V.S. Raghavendra Sreyas, AOR
Mrs. Gayatri Gulati Sreyas, Adv.
Signature Not Verified
Mr. Abraham C. Mathews, Adv.
Digitally signed by
SATISH KUMAR YADAV
Date: 2017.10.25
17:02:13 IST
Reason:
Ms. Mahima Gupta, AOR
Mr. Ravindra Kumar, AOR
Mr. Somiran Sharma, AOR
SLP(C)No.14314/14 etc. … contd.
- 2 -
Mr. M. Shoeb Alam, AOR
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Ashish Rana, AOR
Mohd. Parvez Dabas, Adv.
Mr. Uzmi Jameel Husain, Adv.
Mr. Shakil Ahmed Syed, AOR
Mr. Saurabh Jain, Adv.
Mr. P.K. Jain, Adv.
Mr. Suchit Mohanty, Adv.
Mr. Anupam Lal Das, Adv.
For Respondent(s)/ Mr. Akhlesh Kr. Pandey, Adv.
Interveners Mr. Prakash Kr. Singh, Adv.
Mr. Rajeev Singh, AOR
Mr. Umang Shankar, AOR
Mr. Swaraj Raza, Adv.
Mr. Jafri, Adv.
Mohd. Waseem Akram, Adv.
Ms. Pinky Behera, AOR
Mr. Jayant Bhushan, Sr. Adv.
Mr. Milind Kumar, AOR
Mr. Ravi Prakash Mehrotra, AOR
For Supertech Ltd. Mr. R. Chandrachud, AOR
Mr. Keshav Mohan, Adv.
Mr. Rajnish Singh, Adv.
Mr. Nitin Thukral, Adv.
Mr. Piyush Choudhary, Adv.
Ms. V. Mohana, Sr. Adv.
Mr. P.S. Narasimha, ASG
Mr. M. Rambabu, Adv.
Mr. B.K. Prasad, Adv.
Mr. Ravindra Kumar, AOR
Mr. Vishwa Pal Singh, AOR
Ms. Bina Gupta, AOR
Mr. Sanjai Kumar Tyagi, Adv.
Mr. G.R. Pandey, Adv.
Mr. Vinay Garg, AOR
SLP(C)No.14314/14 etc. … contd.
- 3 -
Mr. Tarun Gupta, AOR
Mr. Gaurav Kejriwal, AOR
UPON hearing the counsel the Court made the following
O R D E R
Mr. Gaurav Agrawal, learned Amicus Curiae has filed a chart which contains the names of persons who have not been refunded anything but who have opted for refund through Web Portal and also the names of persons to whom Return of Investment (ROI) has been paid but principal amount has not been refunded. The chart also shows the names of persons who have received ROI and/or also the principal amount. The other part of the chart indicates the list of persons who have taken loan under the Subvention Scheme where the EMI is paid by Supertech till possession is given.
Be it noted, the developer has already deposited Rs.20 crores before this Court which has been kept in a fixed deposit. Mr. Gaurav Agarwal shall provide the names of those persons who have not been given a single pie towards refund, to the Registry. The Registry shall refund the principal amount to them as per data given by Mr. Agrawal. No interest shall be disbursed for the present.
As far as the home buyers are concerned who have been paid ROI, a contention is advanced by the learned counsel for the developer that the same has to be computed as a part of the principal amount. Without getting into the said issue at present we are inclined to direct that the principal amount deposited by them with the developer minus the ROI shall be paid by the Registry on the basis of the data given by Mr. Agrawal. Mr. Agrawal shall assist the concerned officer of the Registry in identification. The developer shall deposit a further sum of Rs.2,00,000/- (Rupees two lacs) within a week hence, which shall be paid to Mr. Agrawal towards actual expenses.
It is further directed that the Portal shall be kept open. In the course of hearing, we have also been apprised the data of 38 persons has to come from the developer. Learned counsel for SLP(C)No.14314/14 etc. … contd.
- 4 -
the developer has agreed that the same shall be supplied to Mr. Agrawal within a week hence. Any other home buyer who is inclined to have refund can send details by E-mail to Mr. Agrawal within two weeks. The E-mail ID of Mr. Agrawal is [email protected].
Needless to say the rate of interest and the adjustment of ROI towards principal sum shall be adverted to at a subsequent date.
Matter be listed on 04th December 2017 for final disposal.
(SUBHASH CHANDER) (H.S. PARASHER)
AR-CUM-PS ASSISTANT REGISTRAR