Santosh Narasimha Murthy vs. Mantri Castles Private Limited

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Disposed
Order Date:18 Aug 2023
CNR:SCIN010320922023

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Order Issued After Hearing

Purpose:

FRESH

Before:

Hon'ble Hon'Ble The Chief Justice, Hon'ble J.B. Pardiwala, Hon'ble Manoj Misra

Stage:

FRESH (FOR ADMISSION) - CIVIL CASES

Remarks:

Disposed off

Listed On:

18 Aug 2023

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

155498/2023,

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Order Text

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Miscellaneous Application No 1759 of 2023 In Civil Appeal No 8418 of 2022

Santosh Narasimha Murthy and Others Appellants

Versus

M/s Mantri Castles Private Limited and Another Respondents

W I T H

Miscellaneous Application No 1809 of 2023 In Civil Appeal No 4663 of 2023 and Civil Appeal No 8418 of 2022

O R D E R

MA No 1759 of 2023 In Civil Appeal No 8418 of 2022

1 Mr Ajit Kumar Sinha, senior counsel appearing on behalf of the applicants states that in the chart at Annexure P-14 which forms the basis of the order

Page 1 of 5

of this Court dated 25 July 2023, there was an inadvertent error as regards appellant No 3 (Balaji Thanigairasu) and appellant No 31 (Purushotham Prabhu). It has been stated that the contractual date for possession has been erroneously referred to as 31 December 2016, whereas the correct date for delivery of possession in terms of the home buyer agreements was 31 December 2015 for appellant No 3 and 31 March 2016 for appellant No 31.

  • 2 The grievance has been verified and found to be correct by counsel appearing on behalf of the developer. Hence, insofar as appellant Nos 3 and 31 are concerned, the compensation shall be computed and paid on the basis that the correct date for delivery of possession for appellant No 3 shall be read as 31 December 2015 and for appellant No 31 as 31 March 2016.
  • 3 Liberty is granted to correct Annexure P-14 in the above terms.
  • 4 The order dated 25 July 2023 shall stand corrected to the above extent.
  • 5 The Miscellaneous Application is disposed of.

MA No 1809 of 2023 In Civil Appeal Nos 4663 of 2023 & 8418 of 2022

  • 1 On mentioning, the Miscellaneous Application is taken on Board.
  • 2 The Miscellaneous Application essentially seeks relief in the nature of a review and hence cannot be entertained.

Page 2 of 5

3 The Miscellaneous Application is dismissed.

….....…...….......…………………..CJI. [Dr Dhananjaya Y Chandrachud]

..…....…........……………….…........J. [J B Pardiwala]

..…....…........……………….…........J. [Manoj Misra]

New Delhi; August 18, 2023 CKB

Page 3 of 5

ITEM NO.15 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

Miscellaneous Application No.1759/2023 In C.A. No.8418/2022

(Arising out of impugned final judgment and order dated 25-07-2023 in C.A. No.8418/2022 passed by the Supreme Court of India)

SANTOSH NARASIMHA MURTHY Petitioner(s)

VERSUS

M/S MANTRI CASTLES PRIVATE LIMITED & ANR. Respondent(s)

(With IA No.155498/2023-MODIFICATION OF COURT ORDER)

Date : 18-08-2023 These matters were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA

Mr. Ajit Kumar Sinha, Sr. Adv.<br>Mr. Govind Jee, AOR
Mr. Kartikeya Khanna, Adv.
Mr. Omanakuttan K.K., Adv.<br>Mr. Shivendu Prakash, Adv.
Mr. Naveen Soni, Adv.
Mr. Shekhar G. Devasa, Adv.<br>M/s Devasa & Co.

For Respondent(s)

Page 4 of 5

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

MA No 1759 of 2023 In Civil Appeal No 8418 of 2022

1 The Miscellaneous Application is disposed of in terms of the signed order.

MA No 1809 of 2023 In Civil Appeal Nos 4663 of 2023 & 8418 of 2022

  • 1 On mentioning, the Miscellaneous Application is taken on Board.
  • 2 The Miscellaneous Application is dismissed in terms of the signed order.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Assistant Registrar (Signed order is placed on the file)