Sohail Akhtar vs. Union Of India

COURT NO.9

SECTION XIV

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 20949/2023

(Arising out of impugned judgment and order dated 14-03-2023 in WPC No. 6508/2022 passed by the High Court of Delhi at New Delhi)

CHETAN KAPOOR & ORS.

Petitioner(s)

Respondent $(s)$

VERSUS

UNION OF INDIA & ORS.

(FOR ADMISSION and I.R. and IA No.151784/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.151786/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.151789/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

WITH

Diary No(s). 27979/2023 (XIV) (FOR ADMISSION and I.R. and IA No.149881/2023-CONDONATION OF DELAY IN FILING and IA No.149879/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and $\mathbf{I}\mathbf{A}$ No.149878/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Diary No(s). 21251/2023 (XIV) (IA No.139223/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED No.139222/2023-PERMISSION JUDGMENT and $\mathbf{I}\mathbf{A}$ $\mathbf{T}\mathbf{O}$ FILE PETITION (SLP/TP/WP/..) and IA No.139221/2023-CONDONATION $\mathsf{OF}$ DELAY $TN$ REFILING / CURING THE DEFECTS)

Diary No(s). 21553/2023 (XIV) (FOR ADMISSION and I.R. and IA No.153688/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.153687/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.153682/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 16791/2023 (XIV) (FOR ADMISSION and I.R. and IA No.151248/2023-EXEMPTION FROM FILING <pre>C/C OF THE IMPUGNED JUDGMENT)</pre>

Diary No(s). 27547/2023 (XIV)

(FOR ADMISSION and I.R. and IA No.148757/2023-CONDONATION OF DELAY IN FILING and IA No.148760/2023-EXEMPTION FROM FILING C/C OF THE Signature MPUGNED JUDGMENT)

Digitally signed by<br>NITIN TALREJA<br>Date: 2032-08 21

$\frac{16.28}{\text{Res}}$ DSary No(s). 27551/2023 (XIV)

(FOR ADMISSION and I.R. and IA No.155767/2023-CONDONATION OF DELAY IN FILING and IA No.155768/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Diary No(s). 29101/2023 (XIV) (FOR ADMISSION and I.R. and IA No.157645/2023-CONDONATION OF DELAY IN FILING and IA No.157647/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

AND

ITEM NO. 62 Petition(s) for Special Leave to Appeal (C) No(s). 16733/2023 ([ TO BE TAKEN UP ALONG WITH ITEM NO. 19 I.E. Diary No. 20949-2023. ]...... IA No.150569/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.150570/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 18-08-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL

For Petitioner(s)	Mr. Aditya Parolia, Adv.<br>Mr. Piyush Singh, Adv.<br>Mr. Akshay Srivastava, Adv.<br>Mr. Alankrit Bhatnagar, Adv.<br>Mr. Jayant Upadhyay, Adv.<br>Mr. Gaurav Goel, AOR
	Mr. Rishi Kumar Singh Gautam, AOR<br>Mr. Siddharth Mohan, Adv.<br>Ms. Aditi Mohan, Adv.<br>Mr. Sachin Bajpai, Adv.
	Mr. Amit Wadhwa, Adv.<br>Mr. Sanjay Kumar Hadala, Adv.<br>Mr. Raunak Parekh, Adv.<br>Mr. Pramod Tiwari, Adv.<br>Mr. Vivek Tiwari, Adv.<br>Ms. Priyanka Dubey, Adv.<br>Ms. Archana Pandey, Adv.<br>Dr. Vinod Kumar Tewari, AOR
	Mr. Mareesh Pravir Sahay, AOR<br>Ms. Awanitika, Adv.<br>Mr. Sachin Kharb, Adv.
For Respondent(s)	Mr. Rajesh P., AOR<br>Ms. Himanshi Madan, Adv.
	Ms. Amrita Singh, AOR
	Mr. Kuber Dewan, adv.<br>Ms. Neeharika Aggarwal, Adv.<br>Mr. Kaustubh Srivastava, Adv.<br>Ms. Vijayalakshmi Menon, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Permission to file Special Leave Petition is granted in SLP (Civil) Diary No. 20949 of 2023, SLP (Civil) Diary No. 21251 of 2023 and SLP (Civil) Diary No. 21553 of 2023.

Delay condoned.

Learned counsel for the petitioners submit that these matters arise out of the judgment dated 14.03.2023 of the Delhi High Court and in respect of the lead matter i.e., SLP (Civil) No. 7649 of 2023, returnable notice was issued. It is further pointed out that for those petitioners who have had the benefit of interim order from the High Court, the interim benefit was granted by this Court. However, for those who did not have benefit of such interim order from the High Court, the interim relief is not made available to them by this Court.

Issue notice.

Tag with SLP (Civil) No. 7649 of 2023.

In the meantime, the interim order passed by this Court on 17.04.2023 in SLP (Civil) No. 7649 of 2023 will also operate in SLP (Civil) Diary No. 27979 of 2023, SLP(Civil) No. 16791/2023, SLP (Civil) Diary No. 27551 of 2023 and SLP (Civil) Diary No. 29101 of 2023.

The petitioners who are yet to furnish their loan account numbers must do so to the concerned financial institutions from whom the housing loans were obtained.

3

SLP (Civil) Diary No. 27547 of 2023 and SLP (Civil) Diary No. 29101 of 2023

In these two similar cases, the impugned order is dated 27.03.2023 which however follows the order passed earlier by the High Court on 14.03.2023 in the WP (C) No. 1225 of 2021, which is challenged in the connected cases.

(NITIN TALREJA) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR