Santhosh Narasimha Murthy vs Methuku Srinivas - Order(8) - 19 Apr 2024

IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

Santhosh Narasimha Murthy & Ors ... Petitioner(s)

Versus

Methuku Srinivas & Ors ... Respondent(s)

1 It is common ground between Mr Govind Jee, counsel appearing on behalf of the petitioners, and Mr ANS Nadkarni, senior counsel appearing on behalf of the respondent-contemnors, that a total amount of Rs 21.68 crores has been paid by M/s Mantri Castles Vista Private Limited as on date. Moreover, it is common ground that the claims of 55 home buyers have been paid in full. There is a dispute in regard to seven home buyers, whose names are as follows:
- (a) Petitioner No 1 Santhosh Narasimha Murthy
- (b) Petitioner No 25 Subodh Kumar
- (c) Petitioner No 29 Bharat Kumar Agrawal
- (d) Petitioner No 35 Arjun Srinivasan

(e) Petitioner No 47 – Chandur Gurmukhdas Ludhani

(f) Petitioner No 48- Abhinav Joshi
(f) Petitioner No 50 Madhusudhan Bhaskaran Nair
2 As regards the above seven home buyers, Mr Govind Jee submits that a total amount of Rs 1.27 crores is still due and payable. On the other hand, this is disputed by Mr ANS Nadkarni, who has submitted that, on the previous occasion, when a chart was handed over to this Court in regard to the outstanding dues, it was stated that an amount of Rs 22.05 crores was due and payable. M/s Mantri Castles Vista Private Limited stated that it would pay an amount of Rs 21.68 crores in terms of the order of this Court.
3 Since the issue in regard to the remaining seven home buyers relates to reconciliation of accounts, it has been agreed between the parties that the reconciliation shall be carried out by Mr K Parameshwar, counsel. The counsel nominated by this Court shall duly verify the amount which is claimed to be due and outstanding in terms of the order dated 25 July 2023.
4 Once the reconciliation is done by Mr K Parameshwar, the amount, if any, due and payable shall be paid over by M/s Mantri Castles Vista Private Limited within a period of two weeks of the determination without any demur. Mr K Parameshwar shall be entitled to a consolidated honorarium of Rupees Two Lakhs which shall be paid by the developer upfront within a week to him.
5 Having regard to the amount paid and the above arrangement, we dispose of the Contempt Petition, at this stage.
6 Pending application, if any, stands disposed of.

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

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

New Delhi; April 19, 2024

-S-

ITEM NO.35 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. 1189/2023 in C.A. No. 8418/2022

SANTHOSH NARASIMHA MURTHY & ORS. Petitioner(s)

VERSUS

METHUKU SRINIVAS & ORS. Respondent(s)

(WITH IA No. 260732/2023 - EXTENSION OF TIME, IA No. 265830/2023 - INITIATION OF PROCEEDINGS OF PERJURY)

Date : 19-04-2024 This petition was called on for hearing today.

CORAM :

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

For Petitioner(s) Mr. Govind Jee, AOR Mr. Omanakuttan K K, Adv. Mr. Kartikeya Khanna, Adv.
For Respondent(s) Mr. Atmaram Nadkarni, Sr. Adv. Mr. Shekhar G Devasa, Adv. Mr. Manish Tiwari, Adv. Ms. Thashmitha Muthanna, Adv. Mr. Aryan Pandey, Adv. Mr. Shashi Bhushan Nagar, Adv. Mr. Vishwanath Chaturvedi, Adv. M/S. Devasa & Co., AOR

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

(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) DEPUTY REGISTRAR ASSISTANT REGISTRAR (Signed order is placed on the file)