JUDGMENT :

UDAY UMESH LALIT, CJI.

1. I.A. No. 108696 of 2020 (Vol.I-147) has been filed by Greater Noida Authority seeking recall of the orders dated 10.06.2020, 19.08.2020 and 25.08.2020 in so far as they related to interest charged by the Applicant on all projects other than the Amrapali Project.

To similar effect, I.A. No. 108670 of 2020 (I-148) has been preferred on behalf of the Noida Authority seeking recall of the orders dated 10.06.2020, 19.08.2020 and 25.08.2020.

2. Before we deal with the rival contentions, certain facts which have led to the filing of the instant applications must be adverted to:

(A) In Writ Petition (C) No. 940 of 2017 which raises grievances on behalf of the purchasers of flats in projects promoted by the Amrapali Group of Companies, this Court has been passing various directions including appointment of Forensic Auditors. When the matter was listed on 22.05.2020, in response to a suggestion made by the learned Receiver in his Note, the applicants were called upon to obtain instructions with regard to interest to be charged and levied on the outstanding premium on account of defaults committed by Amrapali Group of Companies. The matter was then adjourned to 27.05.2020.

(B) In response, a Note was filed on behalf of applicants regarding interest payable by the Amrapali Group of Companies.

(C) Around this time I.A. No. 4139 of 2020 was filed by another builder named Ace Group of Companies seeking certain reliefs on same lines as were prayed for on behalf of the flat buyers of Amrapali Projects. It was claimed by Ace Group of Companies in this application for general reduction in the interest rates to be charged by the Authority. After having heard the matter on 27.5.2020, the matter which was reserved for orders.

(D) Before the Order could be passed by this Court, considering the problems in cash flow related to Covid-19 pandemic situation and its aftermath, a general direction was issued on 09.06.2020 by the Uttar Pradesh State Government reducing the rate of interest charged by the Authorities.

(E) On 10.06.2020 the order was passed by this Court in the matter which was heard on 27.5.2020. Paragraph 31 of the order dealt with the report of the learned Receiver while paragraph 32 of the order referred to the IA filed by the Ace Group of Companies and the facts pertaining to said Group were set out in Paragraphs 32 and 33. After noticing that the rate of interest had gone down, this Court issued directions that interest on the outstanding premium “to be realised in all such cases” be at the rate of 8% per annum. The relevant paragraphs of said order dated 10.06.2020 were as under:

“In Re. I.A. No. 49139 of 2020 (Interest to be realized on the outstanding dues by Noida and Greater Noida Authorities)

31. Learned Receiver has pointed out that there is a lack of clarity concerning dues of local authorities/banks/lenders. It has been submitted that proper relaxations and concessions are required to be given concerning such dues.

32. In the interlocutory application filed by Ace Group of Companies, precarious conditions in the entire Noida and Greater Noida region faced by the developers have been pointed out. It is submitted that following economic recession in the last decade, the entire real estate sector has gone downwards and facing acute financial crunch and is fighting for its survival. The projects are incomplete, there were various litigations which created a huge finan