come forward to accept the
possession of subject premises, as per the case of defendant, the possession
was handed over to defendant no.2 being ... upon it to hand over the possession of subject premises.
The possession of subject premises was not handed over after the issuance
of said notice
come forward to accept the
possession of subject premises, as per the case of defendant, the possession
was handed over to defendant no.2 being ... upon it to hand over the possession of subject premises.
The possession of subject premises was not handed over after the issuance
of said notice
Clause 11(a) of the Agreement, the Opposite Parties were to hand over possession of the said independent floor within 24 months from the date ... stay, the construction work again resumed and, therefore, delay in handing over possession was due to force majeure conditions. It was further stated that
date of delay in handing over of the possession till the date, possession is handed over to the complainants; award compensation ... executed between the parties on 03.02.2011 and period stipulated therein for handing over possession was to commence from the date of execution of the same
possession i.e. up-to 02.04.2016, 02.04.2016, 07.08.2016, 25.12.2016, 09.12.2016, 25.12.2016 and 09.12.2016 respectively or up-to the date on which possession is actually handed ... possession i.e. up-to 28.12.2016, 14.01.2017, 25.12.2016, 14.01.2017, 25.12.2016, 25.12.2016 and 04.12.2016 respectively or up-to the date on which possession is actually handed
Companies Act, 1956 , is inapposite to the case on hand, when sale and handing over possession by the secured creditor, are governed by the provisions ... when the bank has failed to fulfil the statutory obligation of handing over possession, forfeiture of 25% cannot be made. As the Bank had failed
respondents. No notice was given to the petitioners for
handing over possession thereby violating under Section 32(7) of the
said MID Act . He submits ... accordingly
took possession of the said lands as per the provisions of section 32(6) of
the MID Act and possession thereafter handed over
possession was to be delivered by 30.03.2011 but even after a lapse of five years, the intimation of possession sent is merely a paper possession ... offer of possession. After receipt of approval, the possession was complete on 22.06.2016 and the complainants were required to take the possession.
23. The next
this Para of JDA, it was made clear that this handing over possession is not a
delivery of possession as part performance of any Agreement ... talks
about handing over of possession and there is no other document shown as
per which, the possession was handed over to the developer
stay, the construction work again resumed and, therefore, delay in handing over possession was due to force majeure conditions. It was further stated that there ... whereas the possession was offered on 26.10.2016 vide offer of possession letter (Annexure R-1 colly.). Had the Opposite Parties handed over possession before
