(D.Y. Chandrachud and Hemant Gupta, JJ.)
Mantri Castels Pvt. Ltd. and Another _______________ Petitioner(s);
v.
R.V. Prasannakumar and Others ___________________ Respondent(s).
Civil Appeal Diary No(s). 47795/2018, decided on February 1, 2019
(For Admission and IA No. 9936/2019-Ex-Parte Stay and IA No. 9935/2019-Condonation of Delay in Filing Appeal) With C.A. No. 1232/2019 (XVII) (For Admission and IA No. 183525/2018-Addition/Deletion/Modification Parties and IA 183524/2018-Condonation of Delay in Refiling) Civil Appeal Diary No(s). 47795/2018; CONC No. 913/2016; RA No. 198/2018; IA No. 9936/2019; IA No. 9935/2019; C.A. No. 1232/2019 (XVII); IA No. 183525/2018; and IA 183524/2018
The Order of the court was delivered by
Order
1. Delay condoned.
2. Mr. P.S. Narasimha, learned senior counsel, has stated before the Court that 55 flat purchasers are involved in the building project in question. Learned senior counsel states on instructions that possession has been handed over to sixteen flat buyers and possession to nine flat buyers will be offered and handed over within a period of one week from today. These 25 persons, it has been submitted, have paid the entirety of their dues under the flat purchase agreement.
3. In respect of remaining 30 flat buyers, Mr. Narasimha states that there are outstanding payments.
4. Learned senior counsel appearing on behalf of the respondents disputes this position. Learned senior counsel for the respondents has submitted that 95 per cent of the payment has been made while the balance 5 per cent is payable at the time of possession.
5. In view of this controversy, we direct the petitioners to place on record an affidavit indicating the amounts which have been received from the remaining 30 flat buyers and the amount which is due and payable in terms of the agreements with them.
6. List on 11 February 2019.
7. In the meantime, no coercive steps shall be taken against the petitioners in purusuance of the impugned order of the NCDRC.
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