Upasana Jain vs. Emerald Court Owner Resident Welfare Association Through Its President
AI Summary
Get an AI-powered analysis of this court order
Original Order Copy
Get a certified copy of this order
Order Text
REVISED
COURT NO.11 ITEM NO.50 SECTION XI
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 11959/2014
(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)
SUPERTECH LTD
Petitioner(s)
VERSUS
EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION & ORS.
Respondent $(s)$
WITH
(I.A. No. 185287/2018 - Application for extension of time)
SLP(C) No. 12427/2015 (XI)
SLP(C) No. 12947/2015 (XI)
SLP(C) No. 12948/2015 (XI)
SLP(C) No. 14314/2014 (XI)
$($ and
FOR [APPLICATION FOR IMPLEADMENT] ON IA 24785/2017 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 67028/2017 FOR CLARIFICATION/DIRECTION ON IA 68049/2017 FOR INTERVENTION APPLICATION ON IA 68461/2017 FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 68465/2017 FOR INTERVENTION APPLICATION ON IA 96187/2017 FOR INTERVENTION/IMPLEADMENT ON IA 96289/2017 FOR INTERVENTION/IMPLEADMENT ON IA 121085/2017 FOR impleading party ON IA 121826/2017 FOR INTERVENTION/IMPLEADMENT ON IA 121826/2017 FOR PERMISSION TO FILE APPLICATION FOR DIRECTION ON IA 121828/2017 FOR INTERVENTION/IMPLEADMENT ON IA 121841/2017 FOR PERMISSION TO FILE APPLICATION FOR DIRECTION ON IA 121842/2017 FOR INTERVENTION APPLICATION ON IA 6919/2018 FOR INTERVENTION APPLICATION ON IA 14898/2018) Signa MeNoQe(fiC) No. 12470/2014 (XI) Reas $\mathbb{S}^{14:00}_{\mathbb{R}}$ P(C) No. 14262/2014 (XI)
SLP(C) No. 21035/2014 (XI) (and IA No.68091/2017-impleading party and IA No.68096/2017-APPROPRIATE ORDERS/DIRECTIONS)
SLP(C) No. 31117/2014 (XI)
Diary No(s). 28571/2018 (XI) (FOR ADMISSION and I.R. and IA No.143854/2018-CONDONATION OF DELAY IN FILING and IA No.143856/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.143859/2018-EXEMPTION FROM FILING O.T. and IA No.143853/2018-PERMISSION TO FILE PETITION (SLP/TP/WP/) and IA No.143855/2018-CONDONATION OF DELAY IN REFILING and IA No.143858/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS)
Date : 07-01-2019 These matters were called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA
Counsel for the parties:-
Mr. Shantanu Krishna, AOR Mr. Faisal Sherwani, Adv. Mr. Achal Gupta, Adv. Mr. Ashish Rana, AOR Mr. Shakil Ahmed Syed, AOR Uzmi Jameel Husain, Adv. Mr. Pulkit Chandra, Adv. Mr. Daanish Ahmad Syed, Adv. Mr. T. V. S. Raghavendra Sreyas, AOR Ms. Gayatri Gulati, Adv. Ms. Sneh Dhillon, Adv. Ms. Mahima Gupta, AOR Mr. Keshav Mohan, Adv. Mr. R. Chandrachud, AOR Rishi K. Awasthi, Adv. Mr. Nitin Thukral, Adv. Mr. Rajnish Singh, Adv. Mr. Karan Sharma, Adv. Mr. Piyush Choudhary, Adv. Mr. Ravindra Kumar, AOR Mr. Somiran Sharma, AOR Mr. M. Shoeb Alam, AOR Mr. Ujjwal Singh, Adv. Mr. Mojahid Karim Khan, Adv. Mr. Gautam Prabhakar, Adv.
Mr. Anurag Dubey, Adv. Mr. Sarvendra Singh, Adv. Mr. Pramod Kumar, Adv. Mr. S. R. Setia, AOR Mr. P.K. Jain, Adv. Mr. Saurabh Jain, Adv. Mr. P.K. Goswami, Adv. Mr. S.P. Singh, Adv. Mr. Gaurav Kejriwal, AOR Mr. Bhakti Vardhan Singh, AOR Mr. Gautam Kumar, Adv. Mr. Amit Pathak, Adv. Mr. Ravi Prakash Mehrotra, AOR Mr. Jayant Bhushan, Sr. Adv. Mr. Milind Kumar, AOR Mr. R. Chandrachud, AOR Mr. Ravindra Kumar, AOR Mr. Rajeev Singh, AOR Mr. Umang Shankar, AOR Ms. Pinky Behera, AOR Mr. Tarun Gupta, AOR Mr. Kamlendra Mishra, AOR Mr. Vishwa Pal Singh, AOR Mrs. Bina Gupta, AOR Mr. Nitish Massey, Adv. Mr. Ram Krishna, Adv. Mr. Vikramjit Banerji, ASG Mr. M. Rambabu, Adv. Mr. S.A. Haeeb, Adv. Mr. Madhvi Kumar Sawant, Adv. Mr. Hitesh Kumar Sharma, Adv. Ms. Malini Mookerjee, Adv. For Applicant Mr. N. Swaminathan, Adv. Mr. Sumit R. Sharma, Adv.
Mr. Deepak Shankar, Adv. Mr. K.S. Lathor, Adv. Mr. Abraham C. Mathews, Adv. Mr. Nishe Rajen Shonker, Adv.
UPON hearing the counsel the Court made the following O R D E R
I.A. No. 185287/2018: This application has been made on behalf of the petitioners, Supertech Ltd. for extension of time for complying with the order passed by this Court on 7 September 2018.
The Court has been apprised of the fact that an amount an of Rs. 7 crores has been deposited and that a further sum of Rs. 2 crores will be deposited on or before 10 January 2019.
Learned counsel states that a balance of Rs. 11 crores would remain to be deposited in compliance with the previous directions of this Court, for which time is sought until 31 March 2019.
We direct that besides the amount of Rs. 2 crores which shall be deposited on or before 10 January 2019 in the Registry of this Court, Suptertech Ltd. shall deposit an amount of Rs. 5.50 crores by 31 January 2019 and the balance of Rs. 5.50 crores by the end of February 2019.
We clarify that no further extension of time shall be granted and in default of deposit of the amount or any part thereof, the appeal shall stand dismissed without further reference to the Court.
Mr. Gaurav Aggarwal, learned Amicus Curiae states that except an amount of Rs. 3,24,94,207/- (Rupees Three Crores Twenty Four Lakhs Ninety Four Thousand Two Hundred and Seven Only), which is lying in the Registry of this Court, other amounts have been disbursed and that an amount of Rs. 16 crores approximately would be required to meet the claims of 137 home buyers in their entirety.
We clarify that the amount which is deposited by Supertech Ltd. in compliance with the above directions, shall be disbursed in terms of the directions which have already been issued by this Court.
List the special leave petition for hearing and final disposal in the week commencing 11 March 2019.
I.A. is disposed of.
COURT MASTER (SH) BRANCH OFFICER
(MANISH SETHI) (SAROJ KUMARI GAUR)
ITEM NO.50 COURT NO.11 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). 11959/2014
(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)
SUPERTECH LTD Petitioner(s)
VERSUS
EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION & ORS. Respondent(s)
WITH
(I.A. No. 185287/2018 – Application for extension of time)
SLP(C) No. 12427/2015 (XI)
SLP(C) No. 12947/2015 (XI)
SLP(C) No. 12948/2015 (XI)
SLP(C) No. 14314/2014 (XI)
(and FOR [APPLICATION FOR IMPLEADMENT] ON IA 24785/2017 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 67028/2017
FOR CLARIFICATION/DIRECTION ON IA 68049/2017
FOR INTERVENTION APPLICATION ON IA 68461/2017
FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 68465/2017
FOR INTERVENTION APPLICATION ON IA 96187/2017 FOR INTERVENTION/IMPLEADMENT ON IA 96289/2017
FOR INTERVENTION/IMPLEADMENT ON IA 121085/2017
FOR impleading party ON IA 121826/2017
FOR INTERVENTION/IMPLEADMENT ON IA 121826/2017 FOR PERMISSION TO FILE APPLICATION FOR DIRECTION ON IA 121828/2017
FOR INTERVENTION/IMPLEADMENT ON IA 121841/2017
FOR PERMISSION TO FILE APPLICATION FOR DIRECTION ON IA 121842/2017 FOR INTERVENTION APPLICATION ON IA 6919/2018
FOR INTERVENTION APPLICATION ON IA 14898/2018)
SLP(C) No. 12470/2014 (XI)
SLP(C) No. 14262/2014 (XI)
SLP(C) No. 21035/2014 (XI)
(and IA No.68091/2017-impleading party and IA No.68096/2017-
APPROPRIATE ORDERS/DIRECTIONS)
SLP(C) No. 31117/2014 (XI)
Diary No(s). 28571/2018 (XI) (FOR ADMISSION and I.R. and IA No.143854/2018-CONDONATION OF DELAY IN FILING and IA No.143856/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.143859/2018-EXEMPTION FROM FILING O.T. and IA No.143853/2018-PERMISSION TO FILE PETITION (SLP/TP/WP/) and IA No.143855/2018-CONDONATION OF DELAY IN REFILING and IA No.143858/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS)
Date : 07-01-2019 These matters were called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA
Counsel for the parties:-
Mr. Shantanu Krishna, AOR Mr. Faisal Sherwani, Adv. Mr. Achal Gupta, Adv. Mr. Ashish Rana, AOR Mr. Shakil Ahmed Syed, AOR Uzmi Jameel Husain, Adv. Mr. Pulkit Chandra, Adv. Mr. Daanish Ahmad Syed, Adv. Mr. T. V. S. Raghavendra Sreyas, AOR Ms. Gayatri Gulati, Adv. Ms. Sneh Dhillon, Adv. Ms. Mahima Gupta, AOR Mr. Keshav Mohan, Adv. Mr. R. Chandrachud, AOR Rishi K. Awasthi, Adv. Mr. Nitin Thukral, Adv. Mr. Rajnish Singh, Adv. Mr. Karan Sharma, Adv. Mr. Piyush Choudhary, Adv. Mr. Ravindra Kumar, AOR Mr. Somiran Sharma, AOR Mr. M. Shoeb Alam, AOR Mr. Ujjwal Singh, Adv. Mr. Mojahid Karim Khan, Adv. Mr. Gautam Prabhakar, Adv. Mr. Anurag Dubey, Adv.
Mr. Sarvendra Singh, Adv. Mr. Pramod Kumar, Adv. Mr. S. R. Setia, AOR Mr. P.K. Jain, Adv. Mr. Saurabh Jain, Adv. Mr. P.K. Goswami, Adv. Mr. S.P. Singh, Adv. Mr. Gaurav Kejriwal, AOR Mr. Bhakti Vardhan Singh, AOR Mr. Gautam Kumar, Adv. Mr. Amit Pathak, Adv. Mr. Ravi Prakash Mehrotra, AOR Mr. Jayant Bhushan, Sr. Adv. Mr. Milind Kumar, AOR Mr. R. Chandrachud, AOR Mr. Ravindra Kumar, AOR Mr. Rajeev Singh, AOR Mr. Umang Shankar, AOR Ms. Pinky Behera, AOR Mr. Tarun Gupta, AOR Mr. Kamlendra Mishra, AOR Mr. Vishwa Pal Singh, AOR Mrs. Bina Gupta, AOR Mr. Nitish Massey, Adv. Mr. Ram Krishna, Adv. Mr. Vikramjit Banerji, ASG Mr. M. Rambabu, Adv. Mr. S.A. Haeeb, Adv. Mr. Madhvi Kumar Sawant, Adv. Mr. Hitesh Kumar Sharma, Adv. Ms. Malini Mookerjee, Adv. For Applicant Mr. N. Swaminathan, Adv. Mr. Sumit R. Sharma, Adv. Mr. Deepak Shankar, Adv.
8
Mr. K.S. Lathor, Adv. Mr. Abraham C. Mathews, Adv. Mr. Nishe Rajen Shonker, Adv.
UPON hearing the counsel the Court made the following O R D E R
I.A. No. 185287/2018: This application has been made on behalf of the petitioners, Supertech Ltd. for extension of time for complying with the order passed by this Court on 7 September 2018.
The Court has been apprised of the fact that an amount an of Rs. 7 crores has been deposited and that a further sum of Rs. 2 crores will be deposited on or before 10 January 2019.
Learned counsel states that a balance of Rs. 11 crores would remain to be deposited in compliance with the previous directions of this Court, for which time is sought until 31 March 2019.
We direct that besides the amount of Rs. 7 crores which shall be deposited on or before 10 January 2019 in the Registry of this Court, Suptertech Ltd. shall deposit an amount of Rs. 5.50 crores by 31 January 2019 and the balance of Rs. 5.50 crores by the end of February 2019.
We clarify that no further extension of time shall be granted and in default of deposit of the amount or any part thereof, the appeal shall stand dismissed without further reference to the Court.
Mr. Gaurav Aggarwal, learned Amicus Curiae states that except an amount of Rs. 3,24,94,207/- (Rupees Three Crores Twenty Four Lakhs Ninety Four Thousand Two Hundred and Seven Only), which is lying in the Registry of this Court, other amounts have been disbursed and that an amount of Rs. 16 crores approximately would
9
be required to meet the claims of 137 home buyers in their entirety.
We clarify that the amount which is deposited by Supertech Ltd. in compliance with the above directions, shall be disbursed in terms of the directions which have already been issued by this Court.
List the special leave petition for hearing and final disposal in the week commencing 11 March 2019.
I.A. is disposed of.
COURT MASTER (SH) BRANCH OFFICER
(MANISH SETHI) (SAROJ KUMARI GAUR)