Harish J Padmanabha vs. Skyline Construction And Housing Pvt Ltd

ITEM NO.29 COURT NO.1 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. 247/2021 in C.A. No. 1873-1878/2020

SWAROOP S PRAKASH & ORS. Petitioner(s)

VERSUS

MR. AVINASH PRABHU, MANAGING DIRECTOR, M/S SKYLINE CONSTRUCTION AND HOUSING PVT LTD. & ANR. Respondent(s) (FOR ADMISSION) WITH MA 1780/2022 in CONMT.PET.(C) No. 246/2021 in C.A. No. 1873- 1878/2020 (XVII-A) (FOR ADMISSION and IA No.102265/2022-APPLICATION FOR REVIVAL) MA 1782/2022 in CONMT.PET.(C) No. 251/2021 in C.A. No. 1869/2020 (XVII-A) (WITH IA No. 102292/2022 - APPLICATION FOR REVIVAL) MA 1783/2022 in CONMT.PET.(C) No. 250/2021 in C.A. No. 1873- 1878/2020 (XVII-A) (WITH IA No. 102284/2022 - APPLICATION FOR REVIVAL) MA 1785/2022 in CONMT.PET.(C) No. 249/2021 in C.A. No. 1873- 1878/2020 (XVII-A) (WITH IA No. 102274/2022 - APPLICATION FOR REVIVAL) MA 1987/2022 in C.A. No. 1873-1878/2020 (XVII-A) (FOR ADMISSION and IA No.160667/2022-APPROPRIATE ORDERS/DIRECTIONS) Date : 06-02-2023 These matters were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Sahil Sethi, Adv. Ms. Nikita Sharma, Adv. Ms. Arushi Mann, Adv. Ms. Anukriti Pareek, AOR Ms. Archana Sahadeva, AOR Digitally signed by Sanjay Kumar Date: 2023.02.06 18:40:34 IST Reason: Signature Not Verified

Mr. Rajiv Shankar Dvivedi, AOR For Respondent(s) Mr. Balaji Srinivasan, AOR Mr. Rajiv Shankar Dvivedi, AOR Mr. Sahil Sethi, Adv. Ms. Nikita Sharma, Adv. Ms. Arushi Mann, Adv. Ms. Anukriti Pareek, AOR

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

• 1 It has been understood between the parties that no further maintenance charges shall be payable by the home buyers since they do not seek possession of the flats and are receiving refunds.
• 2 The dispute has been settled with thirteen home buyers whose names are listed out below:
  • (i) Mr Harish Padmanabhan
  • (ii) Mr Monty Sebastian
  • (iii) Mr Rajesh Lakshminarayana Rao
  • (iv) Ms Meera Singhvi
  • (v) Ms Bela Seth
  • (vi) Ms Namrata Agarwal
  • (vii) Mr Swaroop S Prakash
  • (viii) Mr V Satya Prakash

2

• (ix) Mr Tarun Unni Rajagopal
• (x) Ms D Namitha (Block-C, Flat No 803)
• (xi) Ms D Namitha (Block-C, Flat No 804)
• (xii) Mr Sekar Vasan
• (xiii) Group Captain Sivaram
• 3 Mr Balaji Srinivasan, counsel appearing on behalf of the developer, states that the TDS has been deposited and a copy of the challan has been handed over to the home buyers.
• 4 As regards the remaining five home buyers, it has been agreed that they shall also contact the developer within three days to explore a settlement.
• 5 Mr Balaji Srinivasan states that an effort shall be made to resolve their dispute in similar lines.
• 6 List the matters on 27 February 2023.

(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) DEPUTY REGISTRAR ASSISTANT REGISTRAR