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2024 Supreme(Online)(SC) 11235

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8058 OF 2024 (@ DIARY NO. 24760 OF 2024)

SEPSET PROPERTIES PRIVATE LIMITED ..... APPELLANT VERSUS MALTI JAIN ..... RESPONDENT WITH CIVIL APPEAL NO. 8059 OF 2024 (@ DIARY NO. 24763 OF 2024)

CIVIL APPEAL NO. 8060 OF 2024 (@ DIARY NO. 24765 OF 2024)

CIVIL APPEAL NO. 8064 OF 2024 (@ DIARY NO. 24762 OF 2024)

O R D E R

1. Delay condoned.

2. After addressing arguments at some length, Mr. Ardhendumauli Kumar Prasad, learned Senior Counsel appearing for the appellant submits that if the respondents are agreeable to waiving off the interest on the delayed period, which has been fixed at the rate of 12% per annum under the impugned order, the appellant will make an endeavour to clear the entire outstanding amounts payable to the respondents with interest at the rate of 9% per annum.

Signature Not Verifi3ed. Mr. Amar Dave, learned Senior Counsel appearing for the respondents is Digitally signed by KAVITA PAHUJA Date: 2024.08.06 Reason: agreeable to the said suggestion, but requests that the payments may be made time bound.

4. It is agreed by the parties that the balance payment with interest at the rate of

9% per annum shall be made by the appellant to the respondent(s)- complainant(s) on or before 19th October, 2024, in equal installments on a bi- weekly basis. Learned Senior Counsel for the respondents has handed over a statement of outstanding amounts along with interest calculated at the rate of 9% per annum to the other side. The same shall be perused and if there is any miscalculation, the same shall be pointed out to the learned counsel for the respondents within one week. The agreed schedule shall be shared by the parties with each other. The appellant shall file an affidavit of the agreed schedule in the Registry of this Court within two weeks.

5. It is made clear that this Court shall not entertain any request for extension of time in making the payment.

6. It is also agreed that the cost of ₹ 50,000/- (Rupees Fifty Thousand) imposed in favour of each of the respondents stand waived, if the appellant adheres to the time line for making the payments.

7. The appeals stand disposed of in the above terms along with pending applications.

………..………………......J.

[HIMA KOHLI]

……....……………….......J.

[SANDEEP MEHTA]

NEW DELHI JULY 29, 2024

PS

ITEM NOS. (13 + 62) COURT NO.9 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL DIARY NO. 24760/2024 (Arising out of impugned final judgment and order dated 19-10-2023 in CC No. 1074/2019 passed by the National Consumer Disputes Redressal Commission, New Delhi)

SEPSET PROPERTIES PRIVATE LIMITED APPELLANT VERSUS MALTI JAIN RESPONDENT (IA No.155868/2024-CONDONATION OF DELAY IN FILING and IA No.155870/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.155869/2024-EX-PARTE STAY and IA No.155867/2024- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.155871/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/

ANNEXURES)

WITH DIARY NO. 24763/2024 (XVII)

(IA No.142797/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.142796/2024-STAY APPLICATION and IA No.142794/2024-CONDONATION OF DELAY IN FILING APPEAL and IA No.142798/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/

ANNEXURES)

DIARY NO. 24765/2024 (XVII-A)

(IA No.156842/2024-CONDONATION OF DELAY IN FILING and IA No.156845/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.156844/2024-EX-PARTE STAY and IA No.156850/2024- CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS and IA No.156848/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/

ANNEXURES)

ITEM 62 CIVIL APPEAL DIARY NO. 24762/2024 (IA No. 155937/2024 - CONDONATION OF DELAY IN FILING, IA No. 155941/2024 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS, IA No. 155938/2024 - EX-PARTE STAY, IA No. 155939/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 155940/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/

ANNEXURES)

Date : 29-07-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANDEEP MEHTA For appellant(s) Mr. Ardhendumauli Kumar Prasad, Sr. Adv.

Mr. Pawan Kumar Ray, Adv.

Mr. Shreshth Nanda, Adv.

Mr. Samarth Agrawal, Adv.

Ms. Megha Singh, Adv.

Mr. Riju Mani Talukdar, AOR For Respondent(s) Mr. Amar Dave, Sr. Adv.

Mr. Kapil Kher, Adv.

Mr. Rajat Jo

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