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TMI Blog2023 (3) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... yable to Noida/Greater Noida authorities. The interim applications which have now been filed by various group of companies for recalling of the order dated 7th November, 2022, pursuant to which we consciously recalled our orders dated 10th June, 2020, 19th August, 2020 and 25th August, 2020 and in the present facts and circumstances, we find no reason/justification to recall our order dated 7th November, 2022. Consequently, the interim applications are without substance and deserve to be dismissed. Application dismissed. - I.A. No.192235/2022, I.A. No.192248/2022, I.A. No.192436/2022, I.A. No.12917/2023 and I.A. No.26340/2023 IN WRIT PETITION(CIVIL) NO(S). 940 OF 2017 - - - Dated:- 28-2-2023 - ( AJAY RASTOGI ) And ( BELA M. TRIVEDI ) , JJ. JUDGMENT Rastogi, J. 1. The present batch of IAs has been filed by various promoters/ developers/builders working in Noida/Greater Noida for recalling of the order dated 07th November, 2022. Pursuant thereto, orders dated 10th June, 2020, 19th August, 2020 and 25th August, 2020 passed in the pending proceedings were recalled. 2. At a given point of time, lease deeds were executed between such project builders/developers/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the four corners of law and proceeded to consider as to what relief could be extended to the homebuyers, who booked their flats in various projects of Amrapali Group of Companies. After a detailed discussion, this Court decided those writ petitions by a judgment dated 23rd July, 2019 in Bikram Chatterji Ors. Vs. Union of India Ors. 2019 (19) SCC 161 and passed certain restraints while holding a vigil over the functioning of Amrapali Group of Companies and directed to take all other steps which may secure the interests of homebuyers. Para no.156 is relevant for the purpose and is reproduced hereinbelow: 156. Resultantly, we order as follows: 156.1. The registration of Amrapali Group of Companies under RERA shall stand cancelled. 156.2. The various lease deeds granted in favour of Amrapali Group of Companies by Noida and Greater Noida Authorities for projects in question stand cancelled and rights henceforth, to vest in Court Receiver. 156.3. We hold that Noida and Greater Noida Authorities shall have no right to sell the flats of the homebuyers or the land leased out for the realisation of their dues. Their dues shall have to be recovered from the sale o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at projects are completed in a timebound manner as contemplated in RERA and homebuyers are not defrauded. 156.10. We appoint Shri R. Venkataramani, learned Senior Advocate, as the Court Receiver. The right of the lessee shall vest in the Court Receiver and he shall execute through authorised person on his behalf, the tripartite agreement and do all other acts as may be necessary and also to ensure that title is passed on to homebuyers and possession is handed over to them. 156.11. We also direct Noida and Greater Noida Authorities to execute the tripartite agreement within one month concerning the projects where homebuyers are residing and issue completion certificate notwithstanding that the dues are to be recovered under this order by the sale of the other attached properties. Registered conveyance deed shall also be executed in favour of homebuyers, they are to be placed in the possession and they shall continue to do so in future on completion of projects or in part, as the case may be. We direct the Noida and Greater Noida Authorities to take appropriate action to do the needful in the matter. The Water Works Department of the area concerned and the Electricity Sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only cancelled the lease deed executed between the Amrapali Group of Companies and Noida/Greater Noida authorities, but also appointed a Court Receiver and issued certain detailed directions of which reference has been made in para 156 of the judgment of this Court in reference to the Amrapali Group of Companies. 10. We are not going at this stage on the background facts as to what transpired to this Court, but from the material it reveals that on a complaint made by Ace Group of Companies for reduction of rate of interest to be charged by the Noida/Greater Noida authorities as alike extended to Amrapali Group of Companies, the matter was heard on 27th May, 2020 and order was reserved and was pronounced on 10th June, 2020. It may be noticed that looking to the problems in cash flow because of unprecedented Covid19 pandemic situation and its aftermaths, general directions were issued by the State of Uttar Pradesh on 9th June, 2020 reducing the rate of interest to be charged by the authorities which was in rem applicable to all the builders/project proponents who are working and covered under the general directions issued by the Government of Uttar Pradesh and obviously this notif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Location Allottee Company Project Name Number of Flats constructed Date of Allotment Lease Deed 10 1. E11, Sector 61, Noida Prateek Buildtech (India) Pvt. Ltd. Prateek Fedora 251 26.12.2008 / 31.12.2008 2. GH04/ B Sector 45 Noida Prateek Buildtech (India) Pvt. Ltd. Prateek Stylome 545 08.03.2010 / 31.03.2010 3. GH01, Sector 120, Noida. Prateek Realtors India Pvt. Ltd. Prateek Laurel 1530 10.12.2009 / 07.01.2010 4. GH01, Sector 77, Noida Prateek Realtors India Pvt. Ltd. Prateek Wisteria 1800 31.03.2010 / 26.05.2010 5. GH01/ A (BetaII) Sector 107, Noida Prateek Infraprojects India Pvt. Ltd. Prateek Edifice 423 02.02.2012 / 15.02.2012 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a further submission is made that one of the orders passed on 10th July, 2020 has not been recalled and if that remain on record, the authorities are under obligation to charge interest in terms of the orders dated 10th July, 2020, of which reference has not been made in the order dated 7th November, 2022. 16. Learned counsel further submits that by notification dated 9th June, 2020, the State of U.P. has made applicable the rate of interest to be charged from various builders/project proponents and that was brought to the notice of the Court after the first order came to be passed dated 10th June, 2020 and the Court took cognizance of the notification dated 9th June, 2020 in its subsequent orders dated 10th July, 2020 and thereafter. It is also their objection that if the projects run by the Amrapali Group of Companies are entitled for certain financial benefits, why it should not be extended to other group of companies who also face the same financial crunch during the unprecedented Covid19 pandemic and justification has been tendered to this Court for recalling its order dated 7th November, 2022. 17. Further submission made by the learned counsel for the applicants is that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that once this Court after hearing the parties arrived at the conclusion that the three orders i.e. 10th June, 2020, 19th August, 2020, and 25th August, 2020 of which a detailed reference has been made under order dated 7th November, 2022 deserve to be recalled, the present group of I.As are not maintainable and deserves to be rejected. 22. We have heard learned counsel for the parties at length and with their assistance perused the material available on record. 23. The undisputed facts which have come on record are that the initiation of proceedings in the first instance in Bikram Chatterji (supra) was only confined to consider how to secure the interests of homebuyers of Amrapali Group of Companies and at a later stage, interim application was filed by the Ace Group of Companies and later few other group of companies also intervened in the proceedings, but admittedly either of the group of companies in no manner was related to the functioning of the Amrapali Group of Companies of which reference has been made in para 156 of the judgment. 24. It is, however, true that at one stage this Court stepped into the interim application filed by Ace Group of Companies and by the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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