Har Prakash Chandna vs. Unitech Ltd

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(s). 11108/2016

RAVI KUMAR RAJORIA & ORS. Appellant(s)

VERSUS

M/S UNITECH LTD. & ORS. Respondent(s)

(Office report for direction is to be listed before the Hon'ble Court.)

WITH

IA NOS.4 AND 5 OF 2017 – APPLICATIONS FOR IMPLEADMENT AND PERMISSION TO APPEAR AND ARGUE IN-PERSON

IA NO.54570 OF 2018 – APPLICATION FOR IMPLEADMENT

IA NOS.7,8,9, 57208, 63023, 84380, 84390, 85388, 130613, 13619, 130624, 130634 OF 2017 AND 80395, 86485, 86492 AND 106352 OF 2018 – APPLICATIONS FOR INTERVENTION

IA NOS.84381, 84391, 85400, 130615, 130620, 130627 & 130636 OF 2017 AND 86487, 86494, 106354 & 168352 OF 2018 – APPLICATIONS FOR DIRECTIONS

Date : 26-11-2018 This appeal was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH

Counsel for the parties

Mr. Aishwarya Bhati, AOR Mr. Puspraj Singh, Adv. Ms. Chitrangda Rastravara, Adv. Mr. Baidruti, Adv. Mr. Jaideep Singh, Adv. Mr. Mahesh Agarwal, Adv. Mr. Abhinav Agrawal, Adv. Mr. Rajeev Kumar Virmani, Adv. Mr. Atul Malhotra, Adv. Mr. Anuroop Chakravarti, Adv.

Mr. E. C. Agrawala, AOR

Intervenor-in-person

Mr. P.K. Jain, Adv. Mr. Saurabh Jain, Adv. Mr. P.K. Goswami, Adv. Mr. S.P. Singh Rathore, Adv. Mr. Ashok K. Sharma, Adv. Mr. Uday Prakash Yadav, Adv. Ms. Anuradha Soni Verma, Adv. Mr. Shryansh Aggarwal, Adv. Mr. Rajesh Goyal, Adv. Mr. H. Arjun, Adv. Mr. Nikhil Tyagi, Adv.

Mr. Pawanshree Agrawal, Amicus Curiae Abhipsa Anamika, Adv.

Mr. Kaushik Choudhary, Adv.

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

As many as eleven persons have filed intervention applications in these proceedings. Admittedly, there is no judicial determination in their favour. Liberty is granted to them to apply, with all details, on the web portal which is maintained by the learned Amicus Curiae. We request Mr. Pawanshree Agrawal, learned Amicus to include the intervenors on the web portal.

We also direct that the present appeal shall now stand confined to those parties who had moved the Court and to the other intervenors who have determinations in their favour. The Court has been informed that a total number of ten persons are, thus, covered by these proceedings. There shall be no further addition to the claimants in these proceedings. Any other individual is at liberty to move appropriate proceedings in companion civil appeals including Civil Appeal No.10851 of 2016 which are pending before this Court.

2

Mr. Pawanshree Agrawal has submitted a chart indicating the principal amount which has been paid by the three appellants and by the seven intervenors to the developer, the disbursal made to them until date and the balance which is due and payable. The chart indicates that an amount of Rs.5.51 crores has been disbursed until date leaving a balance of Rs.3.17 crores approximately. Mr. Abhimanyu Bhandari, learned counsel for the respondent states that these figures need to be reconciled. Accordingly, it has been agreed that Mr. Abhimanyu Bhandari will sit with Mr. Pawanshree Agrawal, the learned amicus and Ms. Aishwarya Bhati, learned counsel so that the figures can be reconciled and an agreed amount which is due and payable to the ten persons concerned can be quantified. This exercise shall be completed before the next date of hearing and an agreed chart shall be placed before the Court.

We direct the first respondent to deposit a further sum of Rs.60 lakhs (Rupees Sixty Lakhs only) before the Registry of this Court on or before 2 January, 2019. Upon deposit, the amount shall be distributed pro rata in terms of the previous orders passed by this Court. The amount which is already lying in deposit shall also be distributed pro rata in the meantime.

Office Report is ordered accordingly.

List on Tuesday, 8 January, 2019.

COURT MASTER (SH) BRANCH OFFICER

(GEETA AHUJA) (SAROJ KUMARI GAUR)