PURUSHAINDRA KUMAR KAURAV
Supertech Urban Home Buyers Association (Suha) Foundation Through Its Authorized Representatives – Appellant
Versus
Union Of India, (Ministry Of Housing And Urban Affairs), Through Its Standing Counsel, Nirman Bhawan, Maulana Azad Road, New Delhi-110011 – Respondent
JUDGMENT :
1. This batch of petitions, involving similar issues, is being decided by this common order.
2. The petition bearing No. W.P.(C) 9491/2020 is being treated as a lead matter, therefore, for the sake of convenience, the facts and pleadings are being referred therefrom. However, facts of individual cases would be referred, wherever so required.
3. In all these petitions, the reliefs claimed are almost similar except for small variations. The dominant relief claimed is to issue a writ in the nature of mandamus/certiorari or any other writ directing the respondent banks/financial institutions not to charge the pre-EMIs or full EMIs from the petitioners/alike homebuyers. It is also prayed that the respondent banks/financial institutions be directed not to charge the pre-EMIs/full EMIs till the possession is not delivered by the respondents builder/alike real estate developers to the petitioners with respect to their respective flats. For the sake of clarity prayer clause from the lead writ petition i.e. W.P. (C) 9491/2020 is being reproduced as under: -
Orix Auto Finance (India) Ltd. v. Jagmander Singh
Orissa State Financial Corpn. v. Narsingh Ch. Nayak
Peerless General Finance and Investment Co. Ltd. and Anr. v. Reserve Bank of India
Central Bank of India v. Ravindra & Ors.
Bikram Chatterji & Ors. v. Union of India & Ors.
Supertech Limited v. Emerald Court Owner Resident Welfare Association & Ors. (2021) 10 SCC 1
Life Corporation of India v. Escorts Ltd.
Karnataka State Forest Industries v. Indian Rocks
Mardia Chemicals Ltd. v. Union of India
L.I.C. of India & Anr. v. Consumer Education & Research Centre & Ors.
Federal Bank Limited (supra), CBI v. Ramesh Gelli
A.V. Venkateswaran v. R.S. Wadhwani & Anr.
D.D. Suri v. A.K. Barren & Ors.
ABL International v. Export Credit Guarantee Corporation of India Ltd and Ors.
Rakesh Verma v. UOI Sardar Associate & Ors. v. Punjab and Sind Bank & Ors.
Supriyo Basu Ors. v. West Bengal Housing board and Ors.
U.P. State Co-operative Land Development Bank Ltd. v. Chandra Bhan Dubey and Ors.
KK Saksena v. International Commission on Irrigations and Drainage
Mathew Varghese v. M. Amrita Kumar and Ors.
Ram Kishun and Ors. v. State of Uttar Pradesh and Ors.
Maharashtra Chess Associations v. Union of India and Ors.
Minerva Mills v. Union of India
L. Chandra Kumar v. Union of India
U.P. State Sugar Corporation Ltd. v. Kamal Swaroop Tondon
A. Venkataraman v. Ram Chandra Sobvraj Vadhwani
Vikram Chatterjee and Ors. v. Union of India
P. Mohanraj & Ors. v. M/s. Shah Brothers Ispat Pvt. Ltd.
State of U.P. & Ors. v. Bridge & Roof Co. (India) Ltd.
Bareilly Development Authority v. Ajay Pal Singh
National Highway Authority of India v. Ganga Enterprises & Anr.
State of Gujarat & Ors. v. Meghji Pethraj Shah Charitable Trust
K.K. Saksena v. International Commission on Irrigation and Drainage & Ors.
State of Bihar and Ors. v. Jain Plastics and Chemicals Ltd.
V.K. Naswa v. Home Secretary, UOI and Ors.
Radha Krishan Industries v. State of Himachal Pradesh
Orissa State Financial Corporation VS Narsingh Ch. Nayak - 2002 7 Supreme 535: Neutral holding on scope of High Court writ jurisdiction in contractual matters; no treatment indicators.
Sardar Associates VS Punjab & Sind Bank - 2009 0 Supreme(SC) 1357: Neutral/affirmative points on RBI circulars, writ petitions, and mandamus; no treatment indicators.
Central Bank Of India VS Ravindra - 2001 7 Supreme 764: Marked "Very important point"; presents settled interpretation of "principal sum" under Section 34 CPC; positively framed.
BIKRAM CHATTERJI VS UNION OF INDIA - 2018 0 Supreme(SC) 2022: Neutral holding on court's authority in building construction matters; no treatment indicators.
Maharashtra Chess Association VS Union of India - 2019 7 Supreme 313: Neutral holdings on jurisdiction clauses, writ powers, and alternate remedies; no treatment indicators.
L. Chandra Kumar VS Union Of India - 1997 3 Supreme 147: Marked "VERY"; declares constitutional points on writ jurisdiction and tribunal exclusions as unconstitutional; presented as core holding.
Mardia Chemicals LTD. Etc. VS Union Of IndiaEtc. - 2004 3 Supreme 243: Marked "Important point"; upholds constitutional validity of SARFAESI Act except one subsection; neutral/affirmative.
V. K. Naswa VS Home Secretary, U. O. I. - 2012 1 Supreme 381: Describes "settled legal proposition" on court powers under Article 226; positively treated as settled law.
State Of U. P. VS Bridge And Roof Company India LTD. - 1996 6 Supreme 586: Neutral holding on writ petitions for private contract disputes; no treatment indicators.
Karnataka State Forest Industries Corporation VS Indian Rocks - 2008 8 Supreme 58: Neutral points on writ maintainability for arbitrary State action; no treatment indicators.
Bikram chatterji VS Union Of India - 2019 5 Supreme 3: Numbered affirmative points on real estate accountability and public trust doctrine; no treatment indicators.
Central Bureau of Investigation, Bank Securities & Fraud Cell VS Ramesh Gelli - 2016 2 Supreme 235: Neutral holding on public servant status under PC Act; no treatment indicators.
Akshay N. Patel VS Reserve Bank of India - 2022 1 Supreme 238: Numbered points on trade rights, RBI powers, and proportionality; no treatment indicators.
U. P. State Co-operative Land Development Bank LTD. VS Chandra Bhan Dubey - 1998 9 Supreme 535: Marked "Important Points"; affirmative on inquiry proceedings and State instrumentality; positively framed.
ABL International LTD. VS Export Credit Guarantee Corporation of India LTD. - 2003 0 Supreme(SC) 1301: Neutral on writ discretion for factual disputes and insurance claims; no treatment indicators.
Federal Bank LTD. VS Sagar Thomas - 2003 7 Supreme 22: Neutral holding barring writ against private bank's disciplinary action; no treatment indicators.
State Of Bihar VS Jain Plastics And Chemicals LTD. - 2001 8 Supreme 334: Neutral on writs for contract breach disputes; no treatment indicators.
P. MOHANRAJ VS SHAH BROTHERS ISPAT PVT. LTD. - 2021 2 Supreme 528: Numbered holdings on IBC moratorium and statutory interpretation; no treatment indicators.
Managing Director, Orix Auto Finance (India) LTD. VS Jagmander Singh - 2006 1 Supreme 708: Marked "Important Point"; affirmative on hire-purchase repossession; positively framed.
Supertech Limited VS Emerald Court Owner Resident Welfare Association - 2022 3 Supreme 232: Numbered points confirming demolition and statutory interpretation; no treatment indicators.
Supriya Basu VS W. B. Housing Board - 2005 5 Supreme 371: Marked "Important point"; affirmative on writs against co-operative societies for statutory duties.
National Highway Authority Of India VS Ganga Enterprises - 2003 6 Supreme 527: Numbered points on writs for contract disputes and earnest money; no treatment indicators.
A. V. Venkateswaran, Collector Of Customs, Bombay VS Ramchand Sobhraj Wadhwani - 1961 0 Supreme(SC) 157: Neutral on customs tariff interpretation and mandamus remedies; no treatment indicators.
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