2025 (4) TMI 878

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....E MR. JUSTICE VIKRAM NATH AND HON'BLE MR. JUSTICE SANDEEP MEHTA For the Appellant : Ms. Meenakshi Kalra, AOR For the Respondent : Mr. Rajendra Singhvi, Adv., Ms. Arundhati Chakraborty, Adv. and Mr. T. R. B. Sivakumar, AOR ORDER 1. The contempt petition has been filed alleging non-compliance of order dated 2nd September 2022 passed by this Court. This Court, while disposing of the M....

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.... The builder, therefore is not in contempt. It is the fault of the applicants only in not clearing the dues which has resulted in non-execution of the sale deed or allotment of the apartments. 4. Learned counsel for the applicant has sought to argue that the demand raised is highly excessive, arbitrary and unreasonable and this Court may consider reducing the same. We are not inclined to enter ....

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....ed apparently seeking modification in the order dated 18th April, 2022 by which this Court has disposed of the special leave petition wherein it was provided that the NCDRC to get the sale of flats ensured by appointing a Court Commissioner and appropriate the sale proceeds for payment to the flat buyers. Further it was specifically provided that the flats would not be sold by the builder or any o....

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....e claimants. The above liberty may be granted subject to terms and conditions as may be fixed by this Court. 10. We find substance in the submission of the builder. However we are not inclined to fix any terms and conditions and would leave it for the NCDRC to determine the same. Accordingly, we modify the order dated 18th April 2022 and withdraw the directions to the NCDRC to put the sale of f....