Skip to main content

Builder Moves Court Fearing Buyers’ Agitation, Told To Grant Them Access

In Vijay Gupta vs Greenpolis Welfare Association, the the chairman of a real estate company approached a Delhi court seeking injunction against home buyers coming to his house or office following delay in possession of flats.

The case pertains to Vijay Gupta, chairman-cum-MD of Orris Infrastructure Ltd. The company, in arrangement with another company, started a residential project called Greenpolis in Gurgaon, Haryana.

The possession got delayed and the buyers got anxious. Their attempts at meeting Gupta as “Greenopolis welfare association” did not work out in a positive direction.

The association had informed Gupta on September 3 that the buyers are left with no other option but to hold peaceful agitation at his office and residence on September 9.

Calling the assembly of hundreds of buyers at his doorsteps illegal, Gupta came to court seeking an injunction saying the buyers might turn aggressive like what happened recently in Haryana’s Panchkula where thousands of supporters of Ram Rahim turned violent.

However, instead of grating an injunction to the builder, the court presided by senior civil judge Sunil Beniwal directed him to grant complete and unrestricted access to buyers, over 1,400 in number, and their counsel Piyush Singh for the purpose of trying to achieve a amicable solution and compromise.

The court noted his residential and official address too, where he would be meeting the buyers on Saturday.Singh said this is first of its kind order by a court.

Comments

Post a Comment

Most viewed this month

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more