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D.D.A. v. Bhavana Coop. Group Housing Society Ltd.

Appeal(s) allowed
Court
Supreme Court of India
Decided
24 August 1995
Bench
K. Ramaswamy, B. L. Hansaria
Result
Appeal allowed.

Headnote

Delhi Development Auth01ity-F01feiture of deposit-Upheld to the ex-tent of Rs. 5 lakhs-R.efwid of balance amount to Housing Socie't}'--Directions f or--lssued.

Allowing the appeal against the High Court's ,judgment, this Court HELD : Forfeiture to the extent of Rupees five lakhs is upheld. The appellant authority shall refund the remaining amount to the respon-dent. [56-H; 57-A]

D.DA. v. Glihsthapana Cooperative Group Housing Society Ltd., JT (1995) 2 S.C. 530, relied on.

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

Judgment

Leave granted.

Ms. Sangeeta Kalra and Mr. Sudhir Kalra appeared on behalf of the Society. In view of the judgment of this Court in D.DA. v. Glihsthapana Cooperative Group Housing Society Ltd., JT (1995) 2 SC 530, the appeal is allowed and forfeiture to the extent of rupees five lakhs is upheld. The remaining amount would be refunded by the appellant within a period of four weeks from today, failing which the respondent would be entitled for interest @ 18% per annum from that date till payment. In the facts and circumstances of the case, we make no order as to costs.

Case details

Arising from

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7932 of 1995.

From the Judgment and Order dated 17.8.94 of the Delhi High Court in C.W.P. No. 4530 of 1993.

Appearances

V.B. Saharaya for the Appellant.

Ms. Sangecla Kalra anJ SuJhir Kalra (Jn-person) for the Respon-dents.

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.