Supreme Court - Daily Orders
Dr. Virendra Swarup Institute Of ... vs Hadi Mohd Taher Badri on 29 March, 2019
Bench: Rohinton Fali Nariman, Vineet Saran
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2502 OF 2019
DR. VIRENDRA SWARUP INSTITUTE OF COMPUTER STUDIES Appellant(s)
VERSUS
HADI MOHD TAHER BADRI & ORS. Respondent(s)
O R D E R
Heard the learned Senior Counsel/Counsel appearing for the parties.
The matter is being disposed of today as it is clear that the appellant is an allottee in the real estate project of the Respondent No.3. As an allottee, it has either a right to get possession of the flat or to claim refund. It has been argued before us that the appellant has been offered possession but has declined.
In this event, it is clear that the appellant is entitled to refund of monies that it has paid. This refund will be made by Respondent No.3 within a period of four weeks from today with 10.7% interest.
It is made clear that this order is not to be treated as a precedent.
The insolvency proceeding filed by the Respondent No.2 is therefore set aside.
Accordingly, the appeal is disposed of. Pending applications also stand disposed of.
.......................... J.
Signature Not Verified Digitally signed by R(ROHINTON FALI NARIMAN) NATARAJAN Date: 2019.04.01 17:09:19 IST Reason: .......................... J. (VINEET SARAN) New Delhi;
March 29, 2019.
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ITEM NO.2 COURT NO.5 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(s). 2502/2019
DR. VIRENDRA SWARUP INSTITUTE OF COMPUTER STUDIES Appellant(s)
VERSUS
HADI MOHD TAHER BADRI & ORS. Respondent(s)
(ONLY I.A NO. 40328/2019 APPLICATION FOR VACATION OF INTERIM ORDER TO BE LISTED) Date : 29-03-2019 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Appellant(s)Mr. Jai Sai Deepak, Adv.
Mr. Piyush Singh, Adv.
Mr. Aditya Parolia, Adv.
Mr. Nithin Chandran, Adv.
Mr. Akshay Srivastava, Adv. Mr. Gaurav Goel, AOR For Respondent(s) Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Jayant Bhushan, Sr. Adv. Mr. Amar Gupta, Adv.
Mr. Daksh Ahluwalia, Adv.
Ms. Pallavi Kumar, Adv.
Mr. Adhiraj Gupta, Adv.
Mr. Divyam Agarwal, AOR Mr. Saurabh Kirpal, Adv.
Mr. Tishampati Sen, AOR Mr. Mukul Rohatgi, Sr. Adv.
Mr. Alok Dhir, Adv.
Mr. Ashu Kansal, Adv.
Ms. Varsha Banerjee, Adv.
Mr. T.V.S. Raghvendra Sreyas, AOR Ms. Stuti Vatsa, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.
(R. NATARAJAN) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)