Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recovery of money summary suit Suit no satisfactory explanation First appeal delay of 721 days |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit – Recovery of money – Appellants booked a residential flat whereupon a villa was to be constructed by the respondent – Total consideration for villa was Rs.15,65,000/- – According to appellants they paid all the installments – Thereafter, appellants received demand notice from respondent for payment of balance consideration of Rs. 5,13,850/- towards principal sum and interest amounting to Rs.3,61,460/-, the total being Rs.8,73,556/- – Pursuant thereto, respondent filed a summary suit for recovery of the said amount which was dismissed – In First appeal, High Court condoned the delay of 721 days and directed appellants to deposit Rs. 5,13,850/ - in Court, and further directed respondent to handover the possession of the villa to appellant – However, High Court reversed its earlier order and directed to release the amount of Rs.5,13,850/ - and the possession of villa back to respondent – On appeal held: There was no reason for the High Court to direct reversal of the situation – Further, there was no satisfactory explanation for condoning delay of 721 days – In the totality of circumstances, High Court erred in condoning delay – Thus, order of the High Court condoning delay set aside and consequently, first appeal also dismissed – Besides that, possession of villa directed to continue in possession of the appellants and amount of Rs.5,13,850/- deposited in the Court to be made over to the respondent along with interest accrued – Delay/Laches. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 251 |
Petitioner | Sanjay Singh And Anr. |
Respondent | Central Himalayan Land Development Co. Ltd. |
SCR | [2019] 5 S.C.R. 856 |
Judgement Date | 2019-02-20 |
Case Number | 1928 |
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