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IREO GRACE REALTECH PVT. LTD. v. ABHISHEK KHANNA

Supreme Court of India | Diary 10009/2021

Status

ROP - of Main Case

Decided On

Bench

HON'BLE MR. JUSTICE D.Y. CHANDRACHUD and HON'BLE MR. JUSTICE M.R. SHAH

Petitioner

IREO GRACE REALTECH PVT. LTD.

Respondent

ABHISHEK KHANNA

Primary Holding

Impleadment in concluded proceedings cannot be permitted; parties who were not before the Court when a final judgment was delivered must pursue independent remedies available in law to espouse their claims.

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Full Judgment Text

1 ITEM NO.10 Court 5 (Video Conferencing) 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. 1068/2021 in C.A. No. 5785/2019 IREO GRACE REALTECH PVT. LTD. Petitioner(s) VERSUS ABHISHEK KHANNA & ORS. Respondent(s) (FOR ADMISSION and IA No.52918/2021-INTERVENTION/IMPLEADMENT and IA No.52919/2021-CLARIFICATION/DIRECTION and IA No.78558/2021- APPLICATION FOR PERMISSION) Date : 19-07-2021 This application was called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Mr. E. C. Agrawala, AOR For Respondent(s) Mr. Anirudh Wadhwa, Adv. Mr. Aaditya Gambhir, Adv. Mr. Sumer Dev Seth, Adv. (applicant) Mr. Shivendra Singh, AOR Mr. Deepak Kumar Khushalani, Adv. Mr. Santosh Kumar Pandey, AOR UPON hearing the counsel the Court made the following O R D E R 1 The applicants, in the Miscellaneous Application, sought impleadment and placed reliance on the judgment of this Court dated 11 January 2021. 2 Mr Anirudha Wadhwa, learned counsel appearing on behalf of the applicants, states that the applicants are also allottees of Tower B-7 in respect of which there are findings in the judgment of this Court. 3 The difficulty in accepting the submission of Mr Wadhwa lies in the fact that the applicants were not parties to the proceedings before this Court which

2 culminated in the final judgment and order dated 11 January 2021. Impleadment cannot be allowed in a matter which has been disposed of nor can the Miscellaneous Application be entertained, at this stage. While we are not entertaining the Miscellaneous Application, we grant liberty to the applicants to adopt the appropriate remedies available in law for the purpose of espousing their claims in pursuance of the judgment and order of this Court. 4 Subject to the grant of the above liberty, the Miscellaneous Application is disposed of. (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER

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