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Gurpreet Singh vs Credo Assets Pvt. Ltd. on 13 December, 2024 cites

Samruddhi Co Operative Housing Society ... vs Mumbai Mahalaxmi Construction Pvt. ... on 11 January, 2022

25. Now coming to the objection taken by the opposite parties that since possession of the respective units has already been taken over by the complainants and also sale deeds have been executed, as such, now these complaints are barred by limitation. It may be stated here that in the present cases, it has been very candidly admitted by the opposite parties and has also proved by the complainants that occupation certificate in respect of the units in question has not been obtained from the competent authorities. If that is so, this objection taken by the opposite parties is bereft of merit in view of ratio of law laid down by the Hon'ble Supreme Court in the case titled as Samruddhi Coop. Housing Society Ltd. v. Mumbai Mahalaxmi Construction (P) Ltd., (2022) 4 SCC 103, wherein, it was held that continuous failure to obtain occupancy certificate is continuing wrong, therefore, complaint cannot be said to be barred by limitation. Relevant part of the said order is reproduced hereunder:-
Supreme Court of India Cites 15 - Cited by 19 - D Y Chandrachud - Full Document
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