Shilpi Maheshwari vs. Emerald Court Owner Resident Welfare Association

¦#1 REVISED ITEM NO.11 COURT NO.2 SECTION XI 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). 14314/2014 (Arising out of impugned final judgment and order dated 11/04/2014 in WP No. 65085/2012 passed by the High Court Of Judicature at Allahabad) DHIRENDER SHARMA & ORS. Petitioner(s) VERSUS EMERALD COURT OWNER RES.WEL.ASSOC.& ORS. Respondent(s) WITH SLP (C) No.21035/2014 (With appln.(s) for directions and Office Report) SLP (C) No.31117/2014 (With Office Report) SLP (C) No.11959/2014 (With appln.(s) for permission to submit additional document(s) and Office Report) SLP (C) No.14262/2014 (With appln.(s) for permission to file SLP and Interim Relief and Office Report) SLP (C) No.12470/2014 (With appln.(s) for exemption from filing O.T. and Interim Relief and Office Report) SLP (C) No.12947/2015 (With Office Report) SLP (C) No.12948/2015 (With Interim Relief and Office Report) Date : 11/01/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. P.S. Narsimha Ld. ASG (A.C.) Mr. S.A. Haseeb, Adv. Mr. M. Rambabu, Adv. Mr. B.K. Prasad, Adv. Mr. T.V.S. Raghavendra Sreyas, Adv. 2 Mr. M. Shoeb Alam, Adv. Ms. Fauzia Shakil, Adv. Mr. Ujjwal Singh, Adv. (IA No.18-19) Mr. Abraham Mathews, Adv. Ms. Mahima Gupta, Adv. (IA No.21/2017) Mr. Saurabh Jain, Adv. Mr. P.K. Jain, Adv. Mr. Shakil Ahmed Syed, Adv. Mr. Mohd. Parvez Dubey, Adv. Mr. Uzmi Jamil Husain, Adv. Mr. Milan Lasker, Adv. Mr. R. Chandrachud, Adv. Mr. Somiran Sharma, Adv. Mr. Ravindra Kumar, Adv. Mr. Ashish Rana, Adv. For Respondent(s) Dr. Rajeev Dhawan, Sr. Adv. Mr. R. Chandrachud, Adv. Mr. Keshav Mohan, Adv. Mr. Rajnish Singh, Adv. Mr. Deepak Pathak, Adv. (State of UP) Mr. Pramod Swarup, Sr. Adv. In SLP(C)No.3165/16) Ms. Alka Sinha, Adv. Mr. Anuvrat Sharma, Adv. Mr. C. Harishankar, Sr. Adv.

Mr. Parthiv K. Goswami, Adv. Ms. Diksha Rai, Adv. Mr. Vinay Garg, Adv. (In SLP(C)No.14314/ Mr. Rajesh Kr. Mouria, Adv. 2014) Mr. Upender Mishra, Adv. Mr. Jayant Bhusan, Sr. Adv. Mr. Milind Kumar, Adv. Mr. Gaurav Kejriwal, Adv. Mr. Keshav Mohan, Adv. Mr. Sujit Keshri, Adv. Mr. Suchit Mohanty, Adv. Mr. Anupam Lal Das, Adv. 3 Ms. Mahima Gupta, Adv. Mr. Amit Anand Tiwari, Adv. Mr. B. Krishna Prasad, Adv. Mr. Rajeev Singh, Adv. Mr. Ravindra Kumar, Adv. Mr. Ravi Prakash Mehrotra, Adv. Mr. Shantanu Krishna, Adv. Ms. Bina Gupta, Adv. Mr. Vishwa Pal Singh, Adv. UPON hearing the counsel the Court made the following O R D E R All the applications for impleadment/intervention are allowed. It is submitted by learned counsel appearing for the newly impleaded parties that the benefits that have been extended to the investors vide order dated 06.09.2016 should also be extended to them. Having heard learned counsel for the petitioner in S.L.P. (C) No.11959 of 2014 and regard being had to the principle of parity, we direct to extend the same benefit to the newly impleaded parties as well as to all the persons who have booked their flats. Be it noted that we are passing this order as we do not want this Court to be flooded with application for impleadment to extend them the same benefit. All the persons who have booked their flats shall be entitled to this benefit if an application is given to the developer. Let the matter be listed on 27.03.2017. We have fixed the date as we are extending the time for deposit of further amount of Rs.5 crores till 20.03.2017. The petitioners shall be at liberty to file its objection to the report filed by the NBCC within four weeks hence. (Ashok Raj Singh) (H.S. Parasher) Court Master Court Master