Relief U/s. 17 of A&C Act cannot be granted merely for Prima Facie Case

Splendor Buildwell Pvt Ltd & Anr. Vs Rajesh Kumar Pasricha (Delhi High court) On a bare reading of Clause 4, in the prima facie opinion of the Court, there is no linkage between the payment of assured return with the procurement of an Occupation Certificate. The clause uses the expression ‘if the building is not completed’. Respondent predictably contends that ‘completion’ can only be construed once statutory authorities issue a certificate to that effect, that is the Occupation Certificate. However, at this stage, no firm view in this regard is to be taken one way or the other, so...