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2017 (11) TMI 1796

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..... the first phase - HELD THAT:- We are inclined to direct as follows: (i) Respondent-builder shall deposit 10% of the dues of Respondent No. 7 before it within four weeks hence. (ii) The phase in respect of which Occupancy Certificate and No Objection Certificate, if granted, the possession of flats shall be handed over to the respective flat owners. (iii) The flat owners will be at liberty .....

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..... .M. Khanwilkar and Dr. D.Y. Chandrachud , JJ. ORDER 1. Diary No. 37490 of 2017 is taken on Board. Issue notice in W.P. (C) Nos. 1144/2017 and Diary No. 37490 of 2017. 2. We have heard Mr. M.L. Lahoty, learned Counsel for the Petitioners. 3. Mr. Pawan Shree Agarwal, Advocate is appointed in this case as Amicus Curiae. 4. Learned Counsel for the home buyers submitt .....

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..... im Resolution Professional (IRP) to protect the interest of the home buyers. 5. Learned Counsel for the Petitioners would submit that the home buyers are in a pathetic condition and, therefore, certain amount should be directed to be deposited by the developers/builders. At this juncture, Mr. Ranjit Kumar, learned senior Counsel appearing for the developer submitted that 90% flats are complet .....

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..... and are interested in refund, can submit their applications to the portal which is to be created by Mr. Pawan Shree Agarwal. (v) Mr. Pawan Shree Agarwal shall create the portal and inform the advocate-on-record for the Respondent-developer. The advocate-on-record for the developer shall give a sum of ` 5 lacs by way of bank draft to Shri Pawan Shree Agarwal so that he can meet the expenses. .....

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