recover the due and payable Pre- EMIs/EMIs
from Respondent No. 3 (for the duration of default of Pre- EMIs/EMIs till
possession ... charge the
Pre-EMIs/EMIs from the Petitioner/alike homebuyer and to recover
the due and payable Pre- EMIs/EMIs from Respondent
other writ directing the
Respondent Banks/NBFCs to charge all the Pre-EMIs/full EMIs till the possession
is not delivered from the Respondent builder ... understanding, builder agrees to bear the burden of EMIs (termed as pre-
EMIs) towards repayment of interest on loan advanced by the financial
institution
Petitioner contends that despite the aforenoted order, Respondent
continued to charge Pre-EMIs/EMIs for the months of June, July and August ... nature reiterating the inter se contractual obligations including liability to
pay Pre-EMIs/EMIs. The same does not violate the court's directions
restraining
Priyanka Taksh Sood & Ors. vs Sunworld Residency Pvt. Ltd. & Anr. on 19 April
writ/order/direction directing the Respondent Bank
to charge all the Pre-EMIs/full EMIs in case the possession is not
delivered, from the Respondent ... appropriate writ/order/direction directing the Respondent Bank
to refund the Pre-EMIs/full EMIs paid by the Petitioners to the Petitioner
and recover
payment of Rs. 12,78,237/-, and
Rs. 7,50,000/- [Pre-EMI to ICICI Bank from February 2021 @ 50% as on 31st
March
JUSTICE SANJEEV NARULA
ORDER
% 13.10.2022
1. Petitioners are aggrieved by Pre-EMIs/EMI's being charged by
Respondent No. 4-PNB Housing Finance Limited
Respondent not to take coercive action, the alleged Contemnor has
deducted pre-EMIs for the months of February, 2022 and March, 2022. Mr.
Shashwat Parihar ... Signing Date:24.05.2022
11:21:29
have been rectified and the pre-EMIs for the month of February, 2022 and
March, 2022 have been reverted
Shubhkamna Buildtech Private Limited has made
certain payments towards pre-EMIs, in Petitioner's account.
5. Apart from the above, counsel for Petitioner argues
same. It appears that the Builder had assured payment of pre-
EMIs/EMIs to the Bank under a construction-linked payment plan. The
Builder
