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NEGOLICE INDIA LTD. v. ATLANTA SYSTEMS PVT. LTD.

Supreme Court of India | Diary 10251/2023

Status

ROP - of Main Case

Decided On

01-12-2023

Bench

HON'BLE MS. JUSTICE BELA M. TRIVEDI and HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

Petitioner

NEGOLICE INDIA LTD.

Respondent

ATLANTA SYSTEMS PVT. LTD.

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Full Judgment Text

ITEM NO.55 COURT NO.16 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 Civil Appeal No(s).3741/2023 NEGOLICE INDIA LTD. Appellant(s) VERSUS ATLANTA SYSTEMS PVT. LTD. & ANR. Respondent(s) (FOR ADMISSION and IA No.89335/2023-STAY APPLICATION and IA No.89329/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Date : 01-12-2023 This appeal was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Appellant(s) Mr. Pravin Bahadur, Adv. Mr. Amit Agarwal, Adv. Mr. Saurabh Kumar, Adv. Ms. Kanika Gomber, Adv. Mr. S. Anjani Kumar, Adv. Mr. Vishnu Kant, AOR For Respondent(s) Mr. Devendra Singh, AOR Mr. Anant Kumar Vatsya, Adv. Mr. Karan Thakur, Adv. Mr. Ajay Nain, Adv. Mr. Vivek Mishra, Adv. Mr. G Suresh, Adv. Ms. Malvika Kapila, AOR Ms. Tanwangi Shukla, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Having heard learned counsel for the parties, we are of the opinion that the matter requires consideration. Hence, let the appeal be admitted. 2. The appeal is admitted. 3. It appears that the respondent No.2 – Delhi Development Authority (DDA) is not a necessary party, the dispute is 1

between the appellant and the respondent No.1. Hence, the respondent No.2 – DDA is directed to be deleted from the cause title of the appeal. 4. The amended cause title shall be furnished by the appellant within two weeks. 5. The respondent No.1 is permitted to file counter within four weeks, to which, the appellant may file rejoinder, if it desires to do so, within four weeks thereafter. 6. The matter be listed after ten weeks. (RAVI ARORA) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH) 2

ITEM NO.58 COURT NO.15 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 Civil Appeal No(s). 3741/2023 NEGOLICE INDIA LTD. Appellant(s) VERSUS ATLANTA SYSTEMS PVT. LTD. & ANR. Respondent(s) (FOR ADMISSION and IA No.89335/2023-STAY APPLICATION and IA No.89329/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) Date : 24-11-2023 This appeal was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Appellant(s) Mr. Pravin Bahadur, Adv. Mr. Amit Agarwal, Adv. Mr. Ms. Kanika Gomber, Adv. Mr. Saurabh Kumar, Adv. Mr. S. Anjani Kumar, Adv. Mr. Vishnu Kant, AOR For Respondent(s) Mr. Anant Kumar Vatsya, Adv. Mr. Karan Thakur, Adv. Mr. Ajay Nain, Adv. Mr. Vivek Mishra, Adv. Mr. Vijay Kumar Singh, Adv. Mr. Devendra Singh, AOR Ms. Malvika Kapila, AOR Ms. Tanwangi Shukla, Adv. UPON hearing the counsel the Court made the following O R D E R A letter has been circulated by the learned counsel for the respondent no.1 seeking adjournment due to illness. List the matter next week. (INDU MARWAH) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.59 COURT NO.6 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 Civil Appeal No. 3741/2023 NEGOLICE INDIA LTD. Appellant(s) VERSUS ATLANTA SYSTEMS PVT. LTD. & ANR. Respondent(s) (FOR ADMISSION and IA No.89335/2023-STAY APPLICATION and IA No.89329/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) Date : 21-08-2023 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MS. JUSTICE BELA M. TRIVEDI For Appellant(s) Mr. Pravin Bahadur, Adv. Mr. Amit Agarwal, Adv. Mr. Saurabh Kumar, Adv. Ms. Kanika Gomber, Adv. Mr. S Anjani Kumar, Adv. Mr. Vishnu Kant, AOR For Respondent(s) Mr. Devender Singh, AOR Mr. Anant Vatsya, Adv. Mr. Karan Thakur, Adv. UPON hearing the counsel the Court made the following O R D E R List after three weeks. On the next date of hearing, the appellant shall apprise this Court as to whether actual possession of the subject-flat has been given or not. We shall examine the question of interest on that date. (SNEHA DAS) (VIDYA NEGI) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

ITEM NO.58 COURT NO.6 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 Civil Appeal No(s). 3741/2023 NEGOLICE INDIA LTD. Appellant(s) VERSUS ATLANTA SYSTEMS PVT. LTD. & ANR. Respondent(s) (FOR ADMISSION and IA No.89335/2023-STAY APPLICATION and IA No.89329/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) Date : 28-07-2023 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MS. JUSTICE BELA M. TRIVEDI For Appellant(s) Mr. Vishnu Kant, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of the letter dated 26.07.2023 circulated by learned counsel for the petitioner(s) seeking adjournment, list after two weeks. (NIRMALA NEGI) (VIDYA NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR

1 ITEM NO.54 COURT NO.5 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 CIVIL APPEAL Diary No(s). 10251/2023 (Arising out of impugned final judgment and order dated 17-01-2023 in CC No. 183/2010 passed by the National Consumers Disputes Redressal Commission, New Delhi) NEGOLICE INDIA LTD. Petitioner(s) VERSUS ATLANTA SYSTEMS PVT. LTD. & ANR. Respondent(s) (FOR ADMISSION and IA No.89335/2023-STAY APPLICATION and IA No.89329/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Date : 01-05-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Pratim Bahadur, Adv. Mr. Vishnu Kant, AOR Mr. Amit Agarwal, Adv. Mr. Saurabh Kumar, Adv. Mr. S. Anjani Kumar, Adv. Ms. Kanika G., Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The learned counsel for the appellant, on instructions from this client, who is also present in Court, submits that he has no reservations so far as handing over possession of the subject flat in question is concerned, subject to reserving his rights to question the interest at the rate of 6%, which has been awarded by the Tribunal under the order impugned. Delay condoned.

2 Issue notice. Let the appellant may handover possession of flat E-802, Victoria Garden, Model Town, Delhi to the respondent in terms of the order of Tribunal and get all legal formalities executed within six weeks, subject to the complainant depositing the stamp duty and registeration charges for the subject property in question. List the matter in July, 2023. (JAYANT KUMAR ARORA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER

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