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2023 Supreme(Del) 4567

NAJMI WAZIRI, SUDHIR KUMAR JAIN
Vineet Gupta – Appellant
Versus
Reserve Bank of India – Respondent


Advocates appeared:
Mr. Ashish Chauhan, Advocate, for the Petitioner.
Mr. Rajeeve Mehra, Senior Advocate (Amicus Curiae).
Ms. Tanya Chowdhary and Mr. Rohan Srivastava, Advocates, for RBI.
Mr. Kuber Dewan, Ms. Neeharika Aggarwal and Mr. Kaustubh Srivastava, Advocates, for ICICI Bank.
Ms. Mani Gupta, Mr. Aman Chowdhary, Ms. Sonali Jain, Ms. Saumya Upadhyay and Ms. Sreemantini Mukherjee, Advocates, for AVJ Developers (India) Pvt. Ltd. (Through RP).

JUDGMENT

Najmi Waziri, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. The learned counsel for Resolution Professional (`RP') submits that it appears that Flat No. F-1002, AVJ Heights, Zeta-I, Greater Noida, Uttar Pradesh, have been allotted twice over and the petitioner is the second alottee. The matter is under examination before the Principal Bench, NCLT, New Delhi.

2. The learned counsel for the petitioner submits that no rational person would pay monies for purchase of property, encumbered or which otherwise has already been sold.

3. The final order dated 09.03.2020 in O.A. No. 751/2016 passed by DRT-II, New Delhi directs inter-alia as under:

    "...

    11. In the light of the above discussions, the OA deserves to be allowed against the defendant Nos. 1 to 3, whose liability is joint and several.

ORDER

    (i) I allow this OA and direct the defendants Nos. 1 to 3, jointly and severally, to pay the sum of Rs. 62,23,133/- (Rupees Sixty Two Lakhs, Twenty Three Thousand, One Hundred and Thirty Three only) along with costs & pendentelite and future interest @ 10.0 % per annum from the date of filling the present OA, till its realization in full. T

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