Case Law Details
Apex Meadows Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court)
The counsel for the petitioner states that out of Rs.3,45,22,974/-, benefit of an amount of Rs.1.53 crores has already been given to the flat buyers and now only the balance amount of Rs. 1.92 crores approx. remains. He states that in several other matters pending before this Court, stay has been granted, subject to deposit of 10% only of the amount. It is contended that the petitioner has already given benefit to the flat buyers of much more than 10% of the assessed amount and thus the recovery of the balance amount be stayed.
Held by HC
We are however of the opinion that granting an absolute stay with respect to the balance amount of Rs. 1.92 crores approx. may result in the flat buyers of the petitioner being left without a flat as well as without the benefit of the amounts which have already been ordered to be refunded to them. We are therefore not inclined to grant stay of recovery of the balance amount. We however grant eight weeks’ time to the petitioner to deposit the balance amount in this Court, if the proof of having already given benefit of an amount of Rs.1.53 crores is furnished to the authority concerned. Subject to the said proof being furnished and such deposit being made, there shall be stay of recovery of the said amount of Rs.3,45,22,974/-. However, there shall be a stay of proceedings for recovery of penalty.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
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