Back
2026 Supreme(Online)(SC) 900
S U P R E M E C O U R T O F I N D I A
CIVIL APPEAL NO.6923/2021
CONMT.PET.(C) No. 80/2026 in C.A. No. 6923/2021 (XVII-B)
Diary No(s). 48524/2025 (XVII-B)
RG LUXURY HOMEBUYERS ASSOCIATION (REGD.) & ANR. Appellant(s)
VERSUS
RAJESH GOYAL & ORS. Respondent(s)
For Appellant(s) : Mr. Vishal Arun Mishra, AOR
Mr. M L Lahoty, Adv.
Mr. Anchit Sripat, Adv.
Mr. Arvind Kumar, Adv.
Ms. Siddhi Bohra, Adv.
Ms. Disha Dogra, Adv.
Mr. Himanshu Shekhar, AOR
Mr. Rajesh Kumar Chaurasia, AOR
Mr. Shailendra Kumar Nirmal, Adv.
Mr. Sujeet Kumar, Adv.
Mr. Surya Pratap, Adv.
Mrs. Reena Patel, Adv.
Mr. Anurag Jain, Adv.
Mr. Onkar Prasad, Adv.
For Respondent(s) :Mr. Paramjit Singh Patwalia, Sr. Adv.
Mr. Saurabh Jain, Adv.
Mr. Prayag Jain, Adv.
Mr. Sidharth Dave, Sr. Adv.
Mr. Abhndra Maheshwari, Adv.
Mr. Kumar Mihir, AOR
Mr. Ravindra Kumar, Sr. Adv.
Mr. Vipin Kumar Saxena, Adv.
Mr. Binay Kumar Das, AOR
Ms. Priyanka Das, Adv.
Ms. Neha Das, Adv.
Mr. Shivam Saksena, Adv.
Mr. Rudreshwar Singh, Sr. Adv.
Mr. Kaushik Poddar, AOR
Mr. Rajesh Kumar Chaurasia, AOR
Mr. Chandra Prakash, AOR
Dr. Manish Aggarwal, Adv.
Mr. Vishal Arun Mishra, AOR
Mr. Amit Ambawat, Adv.
Ms. Namrata Sharma, Adv.
Ms. Sruthi Iyer, Adv.
Ms. Rupali Panwar, Adv.
Ms. Shilpa Sharma, Adv.
Ms. Riya Sharma, Adv.
Ms. Shriya Maini, AOR
Mr. Mks Menon, Adv.
Ms. Usha Nandini V., AOR
Mr. John Thomas Arakal, Adv.
Mr. Chand Qureshi, AOR
Mr. Vijay Kumar, Adv.
Mr. Sundeep Pandhi, Adv.
Ms. Velasree S, Adv.
Mr. M.venkata Vasudev, Adv.
Ms. Preeti Chauhan, Adv.
Mrs. Arpana Soni, Adv.
Mr. Rajat Baijal, Adv.
Mr. Vedant Singh, AOR
Mr. Sanjiv Kumar Jain, Adv.
Mr. Sandeep Singh Dingra, Adv.
Mr. Akhileshwar Jha, Adv.
Mr. Varun Varma, Adv.
Mr. Anupam Kumar, Adv.
Mr. Raghavedra Pratap Singh, Adv.
HON'BLE MR. JUSTICE MANOJ MISRA
HON'BLE MR. JUSTICE MANMOHAN
10-03-2026
(KAVITA PAHUJA) (SAPNA BANSAL)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
RECORD OF PROCEEDINGS
ITEM NO.4 COURT NO.13 SECTION XVII-B
FOR ADMISSION
This appeal was called on for hearing today.
Signa ture No t Ve rifi ed
DKD1R6 Ai a e g :t a V 5 i e t s3 aI:T o : l 2 l 1 A n y 03: s 2 P I i 6 S gA. n T H0 e 3Ud .1J bA2 y M M r s . . R L o i h s i h t a K S . h a S r i m n a g , h , A d A v O . R
UPON hearing the counsel the Court made the following ORDER
1. On 13.01.2026, we had passed the following order:
“1. On 19.09.2025, following order was passed:
“1. On 18 July 2025 following order was passed:
“1. On 13.05.2025, following order was passed:
“Pursuant to this Court’s order dated 17th April, 2025, an affidavit has been filed by the first respondent dealing with 99 home buyers whose names are included in the list tendered on the last date by the learned counsel for the appellant across the Bar. Those buyers, out of 99, who have paid the entire amount and whose flats are ready, the first respondent shall proceed to hand over the possession to them. In case of the flats where work is in progress, as soon as the work is over, possession shall be handed over to those persons who have paid the entire amount. The learned senior counsel appearing for the first respondent states that an application for occupancy certificate in respect of Towers ‘G’ and ‘H’ has been made on 2nd May, 2025. We direct the first respondent to file further compliance report reporting compliance with all the directions issued by this Court from time to time by 14th July, 2025. List on 18th July, 2025. We have perused the affidavit filed by the fifth respondent/Interim Resolution Professional (IRP) of Rajesh Projects India Private Limited. If the fifth respondent has any grievance against the Enforcement Directorate, it is for the fifth respondent to file appropriate proceedings in accordance with law. IA No.121280/2025 - IMPLEADMENT IA No.121282/2025 – FOR DIRECTIONS The orders passed by this Court from time to time will show that an endeavour is being made to ensure that the developer gives possession of the flats to the home buyers. However, these applications seek to raise individual grievance regarding a particular flat, payment of maintenance etc. We dispose of these applications by granting liberty to the applicant to file appropriate proceedings in accordance with law.”
2. Pursuant to above order, a compliance affidavit has been filed by respondent no.1 in respect of status of possession qua towers ‘A’, ‘B’, ‘C’ and ‘M’ and towers ‘D’, ‘E’ and ‘F’. In paragraph 4 of the compliance affidavit, status of possession of towers ‘A’, ‘B’, ‘C’ and ‘M’ is depicted as under:
“4. It is most respectfully submitted that the current status of possession as on 30.06.2025 with respect to 852 units in towers ‘A’, ‘B’, ‘C’ and ‘M’ is as follows:
A chart showing detailed information of all the allottees of towers A, B, C & M with status of their possession as on 30.06.2025 is annexed herewith and marked as ANNEXURE - A (Page No.8 to 33)”
3. It appears from the aforesaid chart that final payment and documentation is complete in respect of 732 allottees whereas possession has been handed over to only 525 allottees. The chart depicts that 87 flats are ready for possession and in 120 flats, internal fitting work is in progress.
4. The counsel representing the allottees submitted that there is no justification for withholding handing over of possession of those flats which are ready. He also submitted that in the compliance affidavit it is not disclosed as to within what time internal fitting of 120 flats would be over.
5. In response to the above submission, Shri Paramjit Singh Patwalia, learned senior counsel who represents respondent no.1, submits that the flats which are ready for handing over possession can be delivered to the allotees forthwith and therefore the allotees may be required to takeover possession by approaching respondent no.1 within a week. He undertakes that if the concerned allottees make a request for taking over pos
