Unitech Ltd vs. Shri. Satish Kumar Pandey

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). 6044/2015 M/S UNITECH RESIDENTIAL RESORTS LTD. Appellant(s) VERSUS ATUL GUPTA AND ANR. Respondent(s) (with appln. (s) for permission to file additional documents and stay and office report) WITH C.A. No. 6119-6148/2015 (With appln.(s) for ex-parte stay and appln.(s) for permission to file additional documents and Office Report) Date : 30/11/2015 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Appellant(s) Mr. R. Chidambram, Sr. Adv. Mr. Rishi Agrawala, Adv. Mr. Abhinav Agrawal, Adv. Mr. Sandeep Sharma, Adv. Mr. Rajeev Virmani, Adv. Mr. E. C. Agrawala,Adv. Mr. Aviskar Singhvi, Adv. For Respondent(s) Mr. Jayant Bhushan, Sr. Adv. Mr. Brajesh Kumar, Adv. Ms. Aankhi Ghosh, Adv. Mr. Pawanshree Agrawal,Adv. Mr. Pashupathi Nath Razdan, Adv. Mr. Sonal Jain, Adv. Ms. Manju Jetley,Adv. UPON hearing the counsel the Court made the following Signature Not Verified

! ITEM NO.6 COURT NO.6 SECTION XVII

O R D E R

Digitally signed by Om Parkash Sharma Date: 2015.12.02 16:03:40 IST Reason:

When the matter is taken up today, a statement is made on behalf of the appellants that the appellants are offering to deliver the property as indicated in the last column of the chart placed before us today. A statement is -2-

made by Mr. R. Chidambaram, learned senior counsel for the appellants that if the respondents are agreeable for a settlement, the appellants are also ready to pay compensation to each of the respondents calculated @ Rs. 5 per square feet per month with effect from the due date of delivery with respect to each of the respondents which is

indicated in the penultimate column of the chart handed over today. It is further stated that, in the event, if the appellants are not able to deliver the property to anyone of the respondents as indicated in the last column of the chart, the appellants are also willing to pay compensation @ Rs. 13 per square feet per month.

Mr. Jayant Bhushan, learned senior counsel for the respondents, however, stated on instructions that the respondents are not agreeable to the offer made by the appellants.

In the circumstances, we deem it appropriate to hear the matters on merits.

List the matters for hearing in the month of August, 2016.

It goes without saying that the fact that the respondents are not agreeable for the terms of the compensation offered by the appellants does not mean that the appellants need not deliver possession of the property. We are assured by the learned counsel for the appellants that the appellants would give possession as indicated in the aforementioned schedule.

Mr. P. Chidambaram, learned senior counsel for the appellants also states that as and when the property is delivered to each of the respondents, the appellants will also pay each of the respondents compensation @ Rs. 5 per square feet per month till the date of delivery subject to the final orders.

(DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTER