1. Permission to file special leave petitions granted; notice issued; status quo directed; no alienation or transfer. (Para 1 , 2 , 3 , 4 , 5 )
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2014 Supreme(SC) 1115
SUPREME COURT OF INDIA
R.M. Lodha, CJI., Madan B. Lokur, Kurian Joseph, JJ.
Dhirender Sharma – Appellant
Vs.
Emerald Court Owners – Respondent
SLP (C)....../2014 CC 6754/2014 and SLP (C) No. 11959 of 2014, SLP(C) No..../2014 (CC 7546 of 2014) SLP (C) No. 12470 of 2014
Decided On : 05-05-2014
The court can order the maintenance of status quo and prohibit the alienation or transfer of property to preserve the subject matter of the dispute pending the final disposal of a petition.
Headnote:(A) Civil Procedure - Interim Orders - Status quo and prohibition of alienation - Direction for maintenance of status quo in respect of two towers that were sealed pursuant to an order of the High Court - Provision that neither the builder nor the flat purchasers shall alienate, transfer or create any third party interest of any nature in the subject property (Para 5).
Facts of the case:
Special leave petitions were filed regarding the status of two specific towers in a residential project. It was brought to the court's attention that these towers had been sealed following a directive from the High Court.
Findings of Court:
The court directed that the status quo existing as of the date of the order in respect of the two sealed towers must be maintained by all concerned parties. Additionally, the builder and the flat purchasers are barred from transferring or alienating the property or creating any third-party interest.
Issues: Whether a status quo should be maintained regarding the sealed towers and whether the alienation of the property should be prohibited during the pendency of the petitions.
Ratio Decidendi: To ensure the subject matter of the litigation is preserved and to prevent the creation of complex third-party rights during the proceedings, the court exercised its power to mandate status quo and prohibit the transfer of property interest.
Result: Status quo maintained and alienation prohibited.
Legal Category Hierarchy
Table of Contents
ORDER :
1. Permission to file special leave petitions is granted in S.L.P.(Civil) No.../2014 [CC No. 6754/2014] and S.L.P.(Civil) No.../2014 [CC No. 7546 of 2014]. Issue notice returnable on July 21, 2014.
2. Dasti, in addition to the ordinary process, is permitted.
3. Ms. Bina Gupta, advocate, waives service for the Respondent - Emerald Court Owners Resident Welfare Association.
4. Mr. Ravindra Kumar, advocate, waives service for the Respondent - New Okhla Industrial Development Authority (NOIDA).
5. Notice shall be issued only to the unrepresented Respondents. Having regard to the statement made by Mr. Mukul Rohatgi, learned senior counsel for the builder - Supertech Ltd., that in pursuance of the High Court's order, the subject Tower Nos. 16 and 17 have been sealed, it is directed that status quo in all respects, as existing today, in respect of these two towers (Tower Nos. 16 and 17) shall be maintained by all concerned. The builder and so also the flat purchasers shall henceforth not alienate, transfer or create any third party interest of any nature whatsoever in the subject property (Tower Nos. 16 and 17).
