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Supreme Court of India · body

2014 DIGILAW 785 (SC)

Rana Sherwani v. Supertech Ltd.

2014-07-30

KURIAN JOSEPH, R.M.LODHA, ROHINTON FALI NARIMAN

body2014
ORDER : 1. Permission to file SLP is granted in the course of arguments, our attention was drawn by Mr. Sameer Parekh, Learned Counsel for the Petitioners to the letter dated 19.4.2014 sent by the builder/respondent No. 1 to the affected allottees of Apex & Ceyane Towers. Learned Counsel submits that in pursuance of the above letter, the Petitioners have exercised the second option and expressed their desire to swap with some other unit in any other project of the Respondent No. 1. The letter dated 19.4.2014 reads as follows: SUPERTECH Date: 19th April, 2014. To All customers of Apex & Ceyane, Sub: Options offered by M/s. Supertech Limited to the affected customers of Apex and Ceyane Towers. Dear All, In view of the orders dated 11.4.2014 passed by the Hon'ble High Court, 3 Allahabad, the Company is offering the following options to its buyers: 1. If the buyer wants refund of his deposited money, the Company shall refund His/her received consideration along with 14% interest compounded annually on such consideration. 2. If the buyer wants to swap with some other unit in any other projects of the Company, then the Company shall shift that Buyer to that Project duly considering the consideration received from the buyer till date, in proportion to the total cost of the unit in his/her allotment document, the percentage of which shall be applied on the rack rate price of Apex/Ceyane as on date to arrive at the credit value for the swapping in the some other project of Supertech. 3. Buyers who want to have their own flats in Apex/Ceyane Tower shall continue with the project. The buyers are requested to exercise any of the above mentioned options by or before 30th April, 2014. Thanking you, Yours truly, sd/- (R.K. Arora) CMD 2. Mr. Ravindra Srivastava, learned senior counsel for the Respondent No. 1 submits that the Respondent No. 1 is fully committed to abide by the letter dated 19.4.2014 in case the Petitioners have exercised option No. 2 as mentioned in the above letter by or before 30.4.2014. 3. We direct that Respondent No. 1 shall accommodate the Petitioners appropriately as per option No. 2 of the letter dated 19.4.2014 within one month from today if they have exercised their option within time stated in the letter. 4. 3. We direct that Respondent No. 1 shall accommodate the Petitioners appropriately as per option No. 2 of the letter dated 19.4.2014 within one month from today if they have exercised their option within time stated in the letter. 4. Respondent No. 1 shall file an undertaking to the above effect through an authorised officer within one week from today. 5. We clarify that the interim order passed by this Court on 5.5.2014 shall not come in the way of implementation of the above undertaking by the Respondent No. 1. 6. SLP is disposed of accordingly. S.L.P. (C) No....CC No. 11410 of 2014: 7. Permission to file SLP is granted. 8. Issue notice. 9. Ms. Bina Gupta and Mr. R. Chandrachud, advocates waive service for Respondent Nos. 1 and 2 respectively. 10. Notice shall be issued only to the unrepresented Respondents. Connect with SLP (C) No. 14314 of 2014.