Tridiv Ojha vs. Avinash Prabhu

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice, Indira Banerjee
Case Status:Disposed
Order Date:26 Oct 2020
CNR:SCIN010158962020

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Order Issued After Hearing

Purpose:

Fixed Date by Court

Before:

Hon'ble Hon'Ble The Chief Justice, Hon'ble Indu Malhotra, Hon'ble Indira Banerjee

Stage:

AFTER NOTICE (FOR ADMISSION) - CIVIL CASES

Remarks:

List On (Date) [11-01-2021]

Listed On:

26 Oct 2020

In:

Judge

Category:

UNKNOWN

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Order Text

ITEM NO.21 Court 6 (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

CONMT.PET.(C) No. 547/2020 in C.A. No.1869/2020

TRIDIV OJHA & ANR. Petitioner(s)

VERSUS

AVINASH PRABHU & ANR. Respondent(s)

WITH CONMT.PET.(C) No.548/2020 in C.A. Nos.1873-1878/2020 (XVII-A)

Date : 26-10-2020 These petitions were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MS. JUSTICE INDIRA BANERJEE

For Petitioner(s) Mr. Sahil Sethi, Adv. Ms. Nikita Sharma, Adv. Ms. Anukriti Pareek, AOR

For Respondent(s) Mr. Ratan K Singh, Adv.

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

1 Mr Ratan K Singh, learned counsel has appeared in pursuance of the notice that was issued by this Court on the Contempt Petitions on 1 October 2020. Learned counsel states that the respondent - contemnors shall comply with the direction for refund and the delay occurred as a result of the ongoing pandemic.

2 In order to implement the judgment, the respondent – contemnors seek details of the lien (if any) of any bank in regard to the flats allotted to the three purchasers to enable them to pay off the loan directly to the bank. Mr Sahil Sethi, learned counsel appearing on behalf of the petitioner shall furnish within a period of two weeks from today, a statement of the loan outstanding for each of the three purchasers to the learned counsel appearing on behalf of the respondents. It has been agreed that the amount, if any, that is due and payable to the bank, shall be paid over directly by the respondent – contemnors to the banks concerned and the remaining amount shall be paid over to the petitioners.

  • 3 Accordingly, in the terms agreed above, the following order is passed:
    • (i) The entire amount that is due and payable to the concerned banks shall be paid over by the respondent - contemnors on or before 15 December 2020.
    • (ii) The balance of the amount which remains due and payable to the flat purchasers shall be paid over to them on or before 7 January 2021.
  • 4 An affidavit of compliance shall be filed in the meantime.
  • 5 List the Contempt Petitions on 11 January 2021.

(Chetan Kumar) (Saroj Kumari Gaur) A.R.-cum-P.S. Court Master

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Order(3) - 11 Jan 2021

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Order(2) - 26 Oct 2020

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Order(1) - 1 Oct 2020

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