Delhi High Court
Indu Bansal And Anr vs M/S Apra Builders Ltd And Ors on 4 May, 2023
Neutral Citation Number: 2023:DHC:3116-DB
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 105/2023
INDU BANSAL AND ANR ..... Appellants
Through: Mr.Sanjeev Ralli, Sr.Advocate with
Mrs.Stuti Gupta, Mr.Piyush
M.Dwivedi, Mr.Shubham Yadav,
Mr.Ravi Kant Yadav and
Mr.Chetanya Bawaja, Advocates.
versus
M/S APRA BUILDERS LTD AND ORS ..... Respondents
Through: None
% Date of Decision: 04th May, 2023
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
MANMOHAN, J: (ORAL)
C.M.No.22654/2023
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
FAO (COMM) 105/2023 & C.M.No.22655/2023
1. Present appeal has been filed challenging the order dated 28th
January, 2023 whereby the learned District Judge has disposed of the Order
XXXIX Rule 1 and 2 application filed by the appellants by directing the
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:09.05.2023
10:13:25
Neutral Citation Number: 2023:DHC:3116-DB
appellants to deposit 50% of the alleged conversion charges claimed by
respondent no.1 and to clear the alleged arrears of maintenance charges.
2. Learned senior counsel for the appellants confines his challenge to the
direction to make payments of arrears of maintenance charges. He states
that the learned District Judge did not take into consideration that the letter
dated 27th January, 2022 filed by respondent nos.1 & 2 along with their
written statement did not give details with respect to their calculation of
maintenance charges to the tune of Rs.5,28,652/-. He also states that since
electricity was disconnected in the suit premises on 03rd January, 2022, no
maintenance charge is payable by the appellants since that date.
3. Learned senior counsel for the appellants further states that the latest
bill of May, 2023 includes interest liability of Rs.4,82,000/- calculated @
24% per annum.
4. Though we find some merit in the submission advanced by learned
counsel for the appellants, yet we are of the view that there shall be
significant delay if notice is issued in the present matter and on account of
the said delay, the appellants shall not be able to make use of the property
in question. Consequently, we asked the learned senior counsel for the
appellants to re-consider his stand. After speaking to the husbands of the
appellants, who are personally present in Court, learned senior counsel for
the appellants fairly states that the appellants shall keep their 'powder dry'
and advance all their arguments before the Trial Court at the stage of final
hearing. He, however, prays that it may be made clear that the present
payments are being made without prejudice to the rights and contentions of
the appellants and shall be subject to further adjustment in the event the
appellants succeed in the suit.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:09.05.2023
10:13:25
Neutral Citation Number: 2023:DHC:3116-DB
5. This Court finds that the prayer now made by learned senior counsel
for the appellants is fair and reasonable. Accordingly the appellants are
directed to make payment in accordance with the impugned order, without
prejudice to their rights and contentions and subject to adjustment of future
maintenance charges, in the event the appellants succeed in the present
proceedings.
6. Moreover, keeping in view the fact the controversy involved in the
present matter is rather limited in nature, this Court directs the Trial Court
to dispose of the suit as expeditiously as possible preferably within one year
from today.
7. With the aforesaid directions, present appeal along with pending
application stands disposed of.
MANMOHAN, J
SAURABH BANERJEE, J
MAY 4, 2023
KA
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:09.05.2023
10:13:25
