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2023 Supreme(SC) 374

DINESH MAHESHWARI, SANJAY KUMAR
Suneja Towers Private Limited – Appellant
Versus
Anita Merchant – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ajay Bhargava, Adv. Mrs. Vanita Bhargava, Adv. Mr. Arvind Ray, Adv. Mr. Karan Gupta, Adv. Ms. Vansha S Suneja, Adv. M/S. Khaitan & Co., AOR
For the Respondent(s): Mr. Viksit Arora, Adv. Ms. Supriya Juneja, AOR

Table of Content
1. complaint's maintainability and factual background. (Para 2)
2. rival arguments regarding interest and compensation. (Para 6 , 8 , 9)
3. court's observations on compound interest and related judgments. (Para 12 , 13 , 19 , 22)
4. analysis of decision in dr. monga's case and its implications. (Para 16 , 21)
5. conclusion allowing respondent to retain previously received payments. (Para 28)

JUDGMENT :

DINESH MAHESHWARI, J.

Table of Contents

Preliminary and brief outline

Relevant factual and background aspects

The State Commission awarding compound interest

Approval by the National Commission

Rival Contentions

Matters of form and pleading not relevant in the present case

The cited decisions on award of interest in real estate dealings.

The decision in Manjeet Kaur Monga’s Case and its connotations

The complexities of present matter requiring further exploration In extraordinary measure, money received by respondent all

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