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2017 Supreme(Del) 347

G.ROHINI, P.S.TEJI
HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. – Appellant
Versus
SGS CONSTRUCTION AND DEVELOPERS PVT. LTD. – Respondent


Advocates Appeared:
For the Appellants : Mr. Parag P. Tripathi, Mr. Jayant Bhushan, Mr. Ashutosh Khaitan, Mr. N.S. Ahluwalia, Mr. K.V. Shahi, Mr. Deepak Chawla, Mr. Adhish Sharma, Mr. Rajiv Singh, Ms. Anasuya Choudhary, Mr. Sanjay Jain, Mr. Sonal Kumar Singh, Ms. Bani Dikshit, Ms. Rhea Verma, Mr. Vidur Mohan and Ms. Shivangi Agarwal.
For the Respondents: Mr. Sudhir Nandrajog with Mr. Pallav Saxena, Ms. Omita Unnarkar, Ms. Bindu Das, Mr. Satinder Singh and Mr. Avinash Detha.
For the U.P. Avas Vikas Parishad : Mr. Vishwajit Singh with Mr. Pankaj Singh, Ms. Ridhima Singh and Mr. Gaurav Singh.

JUDGMENT :

G. ROHINI, J.

1. These five LPAs and four writ petitions being interlinked are heard together and being disposed of by this common judgment.

2. It may, at the outset, be stated that all the LPAs arose out of the interim orders passed pending W.P. (C) No. 2604/2013 and W.P. (C) No. 7261/2015. When the said appeals were listed before us, we thought that it would be appropriate to hear and decide the main writ petitions as well. Thus with the consent of the learned counsels for both the parties, the said writ petitions as well as two other connected petitions being W.P. (C) Nos. 4412/2013 and 3047/2016 were tagged on to the LPAs and all the matters were heard together.

3. The facts in brief are as under.

4. Maharaji Educational Trust (hereinafter referred to as the Trust) which has been running medical colleges and charitable hospitals at various places, possessed several properties including the buildings wherein its colleges, hospitals, staff quarters, etc. are located. The Trust had taken a loan from Housing and Urban Development Corporation (HUDCO) in the year 1995 by mortgaging its immovable properties numbering six, out of which properties no. 1 to 5 comprising of the medi

















































































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