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2023 Supreme(Online)(DEL) 2663

HIGH COURT OF DELHI
SUPERTECH URBAN5 HOME BUYERS ASSOCIATION (SUHA) FOUNDATION – Appellant
Versus
UNION OF INDIA & ORS. – Respondent


J U D G M E N T

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: -

“i. Allow the present Petition;

ii. Issue a Writ in the nature of the Mandamus/Certiorari or any other writ directing the Res

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