Sumit Kumar Garg& Ors. vs. Satya Narayan Somani& Ors.

ITEM NO.17 + 33 COURT NO.1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7116/2016 (Arising out of impugned final judgment and order dated 08/02/2016 in WPPIL No. 8199/2013 passed by the High Court Of M.p At Indore) M/S. AJAR ENTERPRISES PVT. LTD. Petitioner(s) VERSUS SATYANARAYAN SOMANI AND ORS. Respondent(s) (with appln. (s) for bringing subsequent events on record and filing addl. documents and exemption from filing O.T. and permission to file lengthy list of dates and interim relief and office report) WITH SLP(C) NO...... of 2016 CC No.5017 of 2016 (With appln.(s) for permission to file SLP and interim relief and office report) Date: 18/03/2016 These petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Rakesh Dwivedi,Sr.Adv. (SLP 7116 of 2016) Mr. Shyam Divan,Sr.Adv. Mr. Abhinav Malhotra,Adv. Mr. Senthil Jagadeesan,AOR. Mr. Govind Manoharan,Adv. Ms. Shruti Iyer,Adv. Mr. Simal Purohit,Adv. Mr. Sandip Vimadalal,Adv. (SLP...cc5017/2016) Mr. C.U. Singh,Sr.Adv. Ms. Liz Mathew,AOR. For Respondent(s) Signature Not Verified Mr. Arvind Kumar,AOR. Digitally signed by Mahabir Singh Date: 2016.03.18 15:40:06 IST Reason: Mr. Kartik Seth,Adv. Mr. Anil Kumar Mishra,AOR 2 UPON hearing the counsel the Court made the following O R D E R Heard. SLP(C) No.7116 of 2016: Issue notice, returnable on Tuesday, the 19th April, 2016.

Dasti, in addition, is also permitted.

Mr. Kartik Seth, Advocate, appears on behalf of respondents no.1 and 2, and undertakes to file his vakalatnama as also counter affidavit within four weeks. Mr. Arvind Kumar, Advocate, who had earlier filed a caveat on behalf of respondents no.1 and 2 is permitted to retire. Notice shall issue to the remaining respondents only.

Pending further orders from this Court, the parties shall maintain status quo as it exists today. We make it clear that the petitioner shall not alienate or encumber any part of the property in-dispute without the permission of this Court. The petitioner shall, before the next date of hearing, file an additional affidavit indicating the following : (1) The total number of plots developed out of the disputed parcel of land and their sizes.

(2) The total number of commercial and other establishments/amenities provided or developed in the area in-question.

(3) The total number of plots/flats already sold by the petitioner with names of the purchasers and the sale consideration received for such sales.

(4) The number of plots/flats that remain to be sold or 3

alienated with their sizes.

(5) The status of plots that have already been sold and whether they have already been built upon by the purchasers;

(6) The number of flats/E.W.S flats constructed by the petitioner and the extent of area covered by the same.

(7) The total Project cost incurred by the petitioner on developing the area in-question and the amount already received towards sale price of plots and flats, already sold.

SLP(C)No......of 2016 (CC No.5017 of 2016):

Permission to file the special leave petition is granted. Issue notice, returnable on Tuesday, the 19th April, 2016. Dasti, in addition, is also permitted.

Tag along with SLP(C) No.7116 of 2016.

(MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER