Gokul Patnaik vs. Shipra Estate Limited

ITEM NO.5 Court 12 (Video Conferencing) SECTION XVII-A

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. 1923/2022

GOKUL PATNAIK Appellant(s)

VERSUS

SHIPRA ESTATE LIMITED & ORS. Respondent(s)

(FOR ADMISSION and IA No.36286/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 21-03-2022 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Appellant(s) Mr. Pinaki Misra, Sr. Adv Mr. Anand Varma, AOR Ms. Apoorva Pandey Adv

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Shri Pinaki Mishra, learned Senior Advocate appearing on behalf of the appellant has submitted that as per Clause 4 (a) of the Allotment Letter, the allottee was required to pay the interest @ 21% per annum on the delayed payment of instalment. It is submitted that even the rate of interest during the relevant time was more than 14%. Therefore, when the builder retain a huge sum of Rs.89,53,000/- right from 2007, the original complainant shall be entitled to interest at least @ 14% per annum.

Issue limited notice on the interest to be paid between 12% to 14% per annum making it returnable on 25.04.2022.

Dasti, in addition, is permitted.

(NEETU SACHDEVA) (NISHA TRIPATHI) Digitally signed by R Natarajan Date: 2022.03.23 15:48:50 IST Reason: Signature Not Verified

COURT MASTER (SH) BRANCH OFFICER