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TODAY HOMES & INFRASTRUCTURE PVT LTD v. HARJYOT KAUR & ORS

Supreme Court of India | Diary 10187/2014

Status

ROP - of Main Case

Decided On

27-10-2014

Bench

Petitioner

TODAY HOMES & INFRASTRUCTURE PVT LTD

Respondent

HARJYOT KAUR & ORS

Primary Holding

When a conditional stay of an impugned order is granted and the petitioner fails to comply with the stipulated security condition, the court may modify the condition to a monetary deposit as an alternative security, with the stay continuing subject to compliance with the revised terms.

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Full Judgment Text

SLP(C) NO. 13577 OF 2014 ITEM NO.62 COURT NO.9 SECTION XIV 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). 13577/2014 (Arising out of impugned final judgment and order dated 18/09/2013 in CSOS No. 2405/2009 passed by the High Court Of Delhi at New Delhi) TODAY HOMES & INFRASTRUCTURE PVT LTD Petitioner(s) VERSUS HARJYOT KAUR & ORS Respondent(s) (With interim relief and office report) Date : 27/10/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Rahul Sharma, Adv. Mr. P. N. Puri, A.O.R. For Respondent(s) Mr. Dhruv Mehta, Sr. Adv. Mr. Vikas Mehta, A.O.R. Ms. Amrita Sanghi, Adv. UPON hearing counsel the Court made the following O R D E R Heard Mr. Rahul Sharma, learned counsel for the petitioner and Mr. Dhruv Mehta, learned senior counsel for the respondents. Mr. Dhruv Mehta has brought to our notice order of the Registrar of the Delhi High Court dated 26 th September, 2014, which discloses that the petitioner failed to comply with the condition of immovable property security to the value of Rs.1.25 PAGE NO. 1 OF 3

SLP(C) NO. 13577 OF 2014 Crores as directed by our order dated 9 th May, 2014, within the stipulated time. In the circumstances, since by the impugned order, the High Court has only directed the petitioner to deposit 50 per cent of the suit claim which according to the learned senior counsel for the respondents works out to around Rs. 38,50,000/-, we vary our order dated 9 th May, 2014. We now direct the petitioner to deposit a sum of Rs. 39 lakhs to the credit of Summary Suit No. 2405 of 2009 on the file of the High Court of Delhi within two weeks from today. Subject to compliance of the present modified condition, the benefit granted in the order dated 9 th May, 2014 shall continue to operate pending disposal of the Suit. We only request the High Court to dispose of the Summary Suit early, preferably within a period of six months. It is needless to emphasise that the benefit granted under this order will cease to operate if the petitioner fails to deposit the sum of Rs. 39 lakhs within a period of three weeks as stipulated in this order. PAGE NO. 2 OF 3

SLP(C) NO. 13577 OF 2014 The Special Leave Petition is disposed of in the above terms. [KALYANI GUPTA] COURT MASTER [SHARDA KAPOOR] COURT MASTER PAGE NO. 3 OF 3

\222 SLP(C) NO. 13577 OF 2014 ITEM NO.62 COURT NO.9 SECTION XIV 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). 13577/2014 (Arising out of impugned final judgment and order dated 18/09/2013 in CSOS No. 2405/2009 passed by the High Court Of Delhi at New Delhi) TODAY HOMES & INFRASTRUCTURE PVT LTD Petitioner(s) VERSUS HARJYOT KAUR & ORS Respondent(s) (With interim relief and office report) Date : 27/10/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Rahul Sharma, Adv. Mr. P. N. Puri, A.O.R. For Respondent(s) Mr. Dhruv Mehta, Sr. Adv. Mr. Vikas Mehta, A.O.R. Ms. Amrita Sanghi, Adv. UPON hearing counsel the Court made the following O R D E R Heard Mr. Rahul Sharma, learned counsel for the petitioner and Mr. Dhruv Mehta, learned senior counsel for the respondents. Mr. Dhruv Mehta has brought to our notice order of the Registrar of the Delhi High Court dated 26thSignature Not Verified September, 2014, which discloses that theDigitally signed byKalyani GuptaDate: 2014.10.3016:37:40 IST petitioner failed to comply with the condition ofReason: immovable property security to the value of Rs.1.25 PAGE NO. 1 OF 3SLP(C) NO. 13577 OF 2014 Crores as directed by our order dated 9th May, 2014, within the stipulated time.

In the circumstances, since by the impugned order, the High Court has only directed the petitioner to deposit 50 per cent of the suit claim which according to the learned senior counsel for the respondents works out to around Rs. 38,50,000/-, we vary our order dated 9th May, 2014. We now direct the petitioner to deposit a sum of Rs. 39 lakhs to the credit of Summary Suit No. 2405 of 2009 on the file of the High Court of Delhi within two weeks from today. Subject to compliance of the present modified condition, the benefit granted in the order dated 9th May, 2014 shall continue to operate pending disposal of the Suit. We only request the High Court to dispose of the Summary Suit early, preferably within a period of six months. It is needless to emphasise that the benefit granted under this order will cease to operate if the petitioner fails to deposit the sum of Rs. 39 lakhs within a period of three weeks as stipulated in this order.PAGE NO. 2 OF 3SLP(C) NO. 13577 OF 2014 The Special Leave Petition is disposed of in the above terms. [KALYANI GUPTA] [SHARDA KAPOOR] COURT MASTER COURT MASTERPAGE NO. 3 OF 3

ITEM NO.7 COURT NO.10 SECTION XIV 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). 13577/2014 (Arising out of impugned final judgment and order dated 18/09/2013 in CSOS No. 2405/2009 passed by the High Court of Delhi at N. Delhi) TODAY HOMES & INFRASTRUCTURE PVT LTD Petitioner(s) VERSUS HARJYOT KAUR & ORS Respondent(s) (With prayer for interim relief and office report) Date : 15/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. P. N. Puri,Adv. For Respondent(s) Ms. Amrita Sanghi,Adv. Mr. Vishal Saxena,Adv. Mr. Vikas Mehta,Adv. UPON hearing the counsel the Court made the following O R D E R Call after four weeks. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER

R ITEM NO.7 COURT NO.10 SECTION XIV 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). 13577/2014 (Arising out of impugned final judgment and order dated 18/09/2013 in CSOS No. 2405/2009 passed by the High Court of Delhi at N. Delhi) TODAY HOMES & INFRASTRUCTURE PVT LTD Petitioner(s) VERSUS HARJYOT KAUR & ORS Respondent(s) (With prayer for interim relief and office report) Date : 15/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. P. N. Puri,Adv. For Respondent(s) Ms. Amrita Sanghi,Adv. Mr. Vishal Saxena,Adv. Mr. Vikas Mehta,Adv. UPON hearing the counsel the Court made the following O R D E R Call after four weeks. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byNarendra PrasadDate: 2014.09.1517:24:09 ISTReason:

ITEM NO.9 COURT NO.10 SECTION XIV 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). 13577/2014 (Arising out of impugned final judgment and order dated 18/09/2013 in CSOS No. 2405/2009 passed by the High Court Of Delhi at New Delhi) TODAY HOMES & INFRASTRUCTURE PVT LTD Petitioner(s) VERSUS HARJYOT KAUR & ORS Respondent(s) (With prayer for interim relief and office report) Date : 08/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Vivek Sibal, Adv. Mr. P. N. Puri, A.O.R.(NP) Mr. Rahul Sharma, Adv. Ms. Jasmine Kotai, Adv. For Respondent(s) Ms. Amrita Sanghi, Adv. Mr. Vikas Mehta, A.O.R. UPON hearing counsel the Court made the following O R D E R At the request of the counsel for the petitioner, call on 15 th September, 2014. [KALYANI GUPTA] COURT MASTER [SHARDA KAPOOR] COURT MASTER

Listed on 08.09.2014 Before Court No. 10 Item No. 9 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No.13577/2014 WITH PRAYER FOR INTERIM RELIEF Today Homes & Infrastructure Pvt.Ltd. Petitioner VERSUS Harjyot Kaur & Ors. Respondents REVISED OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 29.08.2014, when the Court was pleased to pass the following order:-    " Petitioner to file necessary proof of compliance of our order dated 9.5.2014 with the Registry of this Court within a week's time. Call on 08.09.2014." It is submitted that as directed above counsel for the petitioner has on 05.09.2014 filed Affidavit in support of compliance of Order dated 09.05.2014, and the same is being circulated herewith. Service is already complete. The matter above-mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 06 th DAY OF SEPTEMBER, 2014. ASSISTANT REGISTRAR Copy to : 1. Mr. P.N.Puri, Advocate 2. Mr. Vikas Mehta, Advocate ASSISTANT REGISTRAR p-2/Avi

ì ITEM NO.9 COURT NO.10 SECTION XIV 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). 13577/2014 (Arising out of impugned final judgment and order dated 18/09/2013 in CSOS No. 2405/2009 passed by the High Court Of Delhi at New Delhi) TODAY HOMES & INFRASTRUCTURE PVT LTD Petitioner(s) VERSUS HARJYOT KAUR & ORS Respondent(s) (With prayer for interim relief and office report) Date : 08/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Vivek Sibal, Adv. Mr. P. N. Puri, A.O.R.(NP) Mr. Rahul Sharma, Adv. Ms. Jasmine Kotai, Adv. For Respondent(s) Ms. Amrita Sanghi, Adv. Mr. Vikas Mehta, A.O.R. UPON hearing counsel the Court made the following O R D E R At the request of the counsel for the petitioner, call on 15th September, 2014.Signature Not VerifiedDigitally signed byKalyani GuptaDate: 2014.09.10 [KALYANI GUPTA] [SHARDA KAPOOR]13:48:33 ISTReason: COURT MASTER COURT MASTER

ITEM NO.7 COURT NO.10 SECTION XIV 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). 13577/2014 (Arising out of impugned final judgment and order dated 18/09/2013 in CSOS No. 2405/2009 passed by the High Court of Delhi at N. Delhi) TODAY HOMES & INFRASTRUCTURE PVT LTD Petitioner(s) VERSUS HARJYOT KAUR & ORS Respondent(s) (With interim relief and office report) Date : 29/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Vivek Sibal,Adv. Mr. Rahul Sharma,Adv. Ms. Jasmine Kottai,Adv. Mr. P. N. Puri,Adv. For Respondent(s) Mr. Dhruv Mehta,Sr.Adv. Ms. Amria Sanghi,Adv. Mr. Vishal Saxena,Adv. Mr. Vikas Mehta,Adv. UPON hearing the counsel the Court made the following O R D E R Petitioner to file necessary proof of compliance of our order dated 9.5.2014 with the Registry of this Court within a week's time. Call on 08.09.2014. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER

Listed on 29.08.2014 Before Court No. 10 Item No. 7 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No.13577/2014 WITH PRAYER FOR INTERIM RELIEF Today Homes & Infrastructure Pvt.Ltd. Petitioner VERSUS Harjyot Kaur & Ors. Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 09.05.2014, when the Court was pleased to pass the following order:- Delay condoned.    " Delay condoned. Issue notice. In the meanwhile, there shall be stay of the operation of the impugned order of the High Court, subject to the condition that the petitioner furnishes immovable property security equivalent to Rs.1.25 Crores. Such security should be furnished within a period of four weeks from today to the satisfaction of the Registrar, Delhi High Court, at New Delhi. Failing compliance of the condition imposed, the stay granted will automatically cease to operate." Pursuant to aforesaid order, show cause notice returnable for 04.08.2014 was issued to all the 4 respondents by registered A.D. Mr. Vikas Mehta, Advocate has on 02.08.2014 filed Vakalatnama/Appearance alongwith General power of Authority and also filed Counter Affidavit. Counter Affidavit is being circulated herewith. It is further submitted that as per Court's order dated 09.05.2014 quoted above counsel for the petitioner neither filed any documents nor any documents received from High Court so far. Service is complete. ...2/-

...2... The matter above-mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 28 th DAY OF AUGUST, 2014. ASSISTANT REGISTRAR Copy to : 1. Mr. P.N.Puri, Advocate 2. Mr. Vikas Mehta, Advocate ASSISTANT REGISTRAR p-2/Avi

ITEM NO.7 COURT NO.10 SECTION XIV 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). 13577/2014 (Arising out of impugned final judgment and order dated 18/09/2013 in CSOS No. 2405/2009 passed by the High Court of Delhi at N. Delhi) TODAY HOMES & INFRASTRUCTURE PVT LTD Petitioner(s) VERSUS HARJYOT KAUR & ORS Respondent(s) (With interim relief and office report) Date : 29/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Vivek Sibal,Adv. Mr. Rahul Sharma,Adv. Ms. Jasmine Kottai,Adv. Mr. P. N. Puri,Adv. For Respondent(s) Mr. Dhruv Mehta,Sr.Adv. Ms. Amria Sanghi,Adv. Mr. Vishal Saxena,Adv. Mr. Vikas Mehta,Adv. UPON hearing the counsel the Court made the following O R D E R Petitioner to file necessary proof of compliance of our order dated 9.5.2014 with the Registry of this Court within a week's time. Call on 08.09.2014. (NARENDRA PRASAD)Signature Not Verified (SHARDA KAPOOR) COURT MASTERDigitally signed byNarendra PrasadDate: 2014.08.30 COURT MASTER11:58:57 ISTReason:

¨ITEM NO.25 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2014 CC 7419/2014(From the judgement and order dated 18/09/2013 in CSOSNo.2405/2009, of The HIGH COURT OF DELHI AT N. DELHI)TODAY HOMES & INFRASTRUCTURE PVT LTD Petitioner(s) VERSUSHARJYOT KAUR & ORS Respondent(s)I.A.1 (With appln(s) for c/delay in refiling SLP,c/delay infiling SLP)Date: 09/05/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. Vivek Sibal,Adv. Mr. Rahul Sharma,Adv. Mr. P.N. Puri,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. In the meanwhile, there shall be stay of the operation of the impugned order of the High Court, subject to the condition that the petitioner furnishes immovable property security equivalent to Rs.1.25 Crores. Such security should be furnished within a period of four weeks from today to the satisfaction of the Registrar, Delhi High Court, at New Delhi. Failing compliance of the condition imposed, the stay granted will automatically cease to operate. (Narendra Prasad) (Sharda Kapoor) Court Master Court Master

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