CAUSE TITLE:
Bikram Chatterji & Ors. v. Union of India
DATE OF ORDER:
28 February 2023
JUDGE(S):
Hon’ble Mr. Justice Ajay Rastogi and Hon’ble Justice Bela M. Trivedi
PARTIES:
Appellant: Bikram Chatterji
Respondent: Union of India
SUBJECT:
The Hon’ble Supreme Court (hereinafter referred to as ‘the Court’), dismissed interim applications filed by way of writ petitions seeking recalling of an order dated 7th November, 2022 on the grounds that the said order was a mere clarification of its previous orders which had been duly recalled. Thus, no further recalling is required.
Accordingly, the IAs were dismissed.
BRIEF FACTS:
- A bunch of writ petitions were filed by certain homebuyers related to various projects of companies owned by the Amrapali Group, working as developers in Noida and Greater Noida to construct approximately 42,000 flats. In order to fulfil their commitments, multiple attractive projects were widely published through the form of brochures. Several assurances were given regarding the delivery of possession within the scheduled time and that world class amenities would be provided to the homebuyers.
- On the basis of this assurance by the Amrapali Group of Companies, various apartments were booked by homebuyers during the period 2010-2014 wherein, Agreements were formed and 40% to 100% payments were made in furtherance of the same.
- Later on, the Amrapali Group of Companies failed to fulfil their commitments of making available the “dream flats” to the homeowners who had employed their lifetime’s savings and hard earned money into this project. Thereafter, in the interest of justice, the court took cognizance of the same to give relief to the homeowners who had lost a huge chunk of money due to the Amrapali Group of Companies.
- Accordingly, the present Interim applications were filed before the Apex Court to secure the interests of homeowners suffering from loss due to the Amrapali Group of Companies.
QUESTIONS RAISED:
- Whether the orders and judgements dated 7th November, 2022 passed by the Supreme Court regarding the instant case need to be recalled or not?
ARGUMENTS ADVANCED BY THE PARTIES:
- The Counsel for the applicant contended that upon passing of the orders after hearing the parties on records, filing of miscellaneous application for recalling of such orders was invalid. Furthermore, recalling of such orders is not ordinarily permissible under the law.
- The Counsel for the respondents appearing on behalf of the Noida/Greater Noida authorities contended that the order dated 10th June, 2020, was the foundational order. The only application that was filed upto that stage was from the Ace Group of Companies where the court took cognizance of the same. However, there was no mention of recalling the order dated 7th November, 2022 in that application.
ANALYSIS BY THE COURT:
- The Ld. Court observed that on the basis of interim applications it already recalled its orders dated 10th June, 2020, 19th August, 2020 and 25th August, 2020. It was also noted that recalling of order dated 7th November, 2022 does not make sense at the present stage of the case.
- The Court further observed that the order dated 10th July, 2020 was only a clarification of the order dated 10th June, 2020 passed by this Court. The said order was independently passed on the later facts and developments available on record. It was a mere technical objection which does not need to be recalled.
CONCLUSION
It was held by the Ld. Court that the order dated 7th November, 2022 was a mere modification of the order dated 10th June, 2020 and that it does not make sense to recall this order.
