TMI Blog2018 (5) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... wards outstanding or future instalments shall be raised by the developer to the flat buyers who have, as of today, expressed the option to obtain refund. The demands raised by the developer in respect of the home buyers who have already opted for refund till today, shall remain stayed. - Writ Petition(s)(Civil) No(s).744/2017 - - - Dated:- 21-3-2018 - MR. A. M. KHANWILKAR AND MR. D. Y. CHANDRACHUD, JJ. For The Petitioner : Ms. Mohna, AOR Ms. Sujeeta Srivastava, AOR Mr. Pukhrambam Ramesh Kumar, AOR Ms. Rahat Sharma, Adv. Mr. Ashwarya Sinha, AOR Ms. Priyanka Sinha, Adv. Mr. Srijan Sinha, Adv. Ms. Ameyavikarama Thanvi, Adv. Mr. Shiv Sagar Tiwari, AOR Mr. Gopal Jha, AOR Mr. Arun Monga, Adv. Mrs. Diviya Sharma, Adv. Mr. Shuvodeep Roy, AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Ashwarya Sinha, AOR Mr. Bijoy Kumar Jain, AOR Mr. Sonam Sharma, Adv. Ms. Srishty Kaul, Adv. Ms. Ruchi Kohli, Adv. Mr. Varinder Kumar Sharma, AOR Ms. Parul Sharma, Adv. Mr. Yugal K. Prasad, Adv. Mr. Mohd. Shahid Hussain, Adv. Mr. Anivesh Bharadwaj, Adv. Mr. C.S. Ashri, Adv. Mr. Sushil Kumar Singh, Adv. Mr. A.K. Jha, Adv. Mr. S.N. Shukla, Adv. Mr. P.N. Puri, Adv. Mr. Sunil Malhotra, Adv. Mr. Rajat Malhotra, Adv. Mrs. Reeta Dewan Puri, Adv. Mr. Nakul Dewan, Adv. Mr. Pradhuman Gohil, Adv. Mrs. Taruna Singh Gohil, AOR Mr. Himanshu Chaubey, Adv. Ms. Neelu Mohan, Adv. Mr. Zain Maqbool, Adv. Mr. Jayant Bhushan, Sr. Adv. Mr. Ramakant Raj, Adv. Mr. Anurag Misra, Adv. Mr. Syed Jafar Alam, AOR Mr. Ashok Mathur, AOR Mr. R. Sudhinder, Adv. Ms. Saumy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Adv. Ms. Garima Bajaj, AOR Ms. Tanya Shree, Adv. Mr. Kunwar Aditya Singh, Adv. Mr. G.S. Chauhan, Adv. Mr. Ejaz Maqbool, AOR Mr. P. V. Dinesh, AOR Mr. S.S. Ray, Adv. Mr. Vaibhav Gulia, Adv. Mrs. Rakhi Ray, Adv. Mr. N.K. Mody, Sr. Adv. Ms. Siddhi Padia, Adv. Mr. Santosh sharma, Adv. Mr. N.K. Mody, Sr. Adv. Mr. Arjun Garg, AOR Mr. Abhinav Shrivastava, Adv. Mr. Rahul Gupta, ,Adv. Mr. Wajeeh Shafiq, Adv. Mr. Dhairaj Kapoor, Adv. Mr. Md. Rashid Saeed, AOR Ms. Manjeet Chawla, AOR Mr. Rahul Narayanan, Adv. Ms. Payal Chawla, Adv. Mr. Shashwat Goel, Adv. Ms. Liz Mathew, AOR Ms. Sujeeta Srivastava, AOR Mr. Apoorv Shukla, Adv. Mr. Kunal Cheema, AOR Mr. Sudhir Naagar, AOR Mrs. Gargi Khanna, AOR Ms. Supriya Juneja, AOR Mr. Bharat Monga, Adv. Mr. G.C. Ty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , yet, we are not inclined to entertain the same keeping in view our orders dated 11.09.2017 and 25.10.2017. We have been told by Mr. Das that JAL has deposited a sum of ₹ 550 crores before the Registry of this Court. It is submitted by Mr. Das that only 8% of the home buyers / allottees are inclined to take refund whereas others have expressed their inclination to have the flats. We would intend to make it absolutely clear that, for the present, we are only concerned with those home buyers who intend to have refund. In the next phase, we may consider the grievances, if any, of the home buyers who intend to have the flats. In that regard, we think it appropriate to hear Mr. Parag Tripathi, learned senior counsel appearing for Inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are seeking refund is that the developer is making demands towards monthly instalments. We direct that no demand towards outstanding or future instalments shall be raised by the developer to the flat buyers who have, as of today, expressed the option to obtain refund. The demands raised by the developer in respect of the home buyers who have already opted for refund till today, shall remain stayed; (e) The IRP may proceed to finalise the resolution plan but the same shall be implemented after taking leave of this Court. (f) The National Company Law Tribunal (NCLT) shall decide subject to the directions which we have given hereinabove. Before we fix the next date, we must note that we have been apprised that Mr. Shekhar Naphade, le ..... X X X X Extracts X X X X X X X X Extracts X X X X
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