LR 26 : Delay in delivery of reserved order is not a bad sign

 

 

Today I saw another sign of worry and disappointment from one of our members, Shri Deepak Kumar. He expressed his disappointment over delay in delivery of reserved order on La Residentia by the honourable supreme court. I felt that I should express what I know and what I feel so that his worries may be reduced.

I have told most of my points earlier also, adding only a few today. Since my old post is lost among a series of other posts, this time I decided to post on blog so as to keep it readily available as and when required or searched .

It is a common query of most of  members as to what is happening in supreme court and when will the reserved decision will be delivered.Also, what is the next date.

The next date is fixed on 22-3-2021.

Since order was reserved on our issue of 8 feb 2021, hearing has been done on 22/2/21,4/3/21 and 5/3/21 dates. As I have already written there are many issues to be resolved, in the Amrapali case.

As we all know supreme court has given verdict that 46 projects of Amrapali would be completed by NBCC. NBCC needs money and that money is being arranged by auction of unsold inventory through MSTC and also by financing through banks.

But this process is not that simple. Every measure of arranging money faces some hindrance and supreme court gives appropriate directives so that these hurdles are removed. Supreme court also feels that just delivery of judgement was not enough and other related problems coming in the way mainly related to financing are to be addressed.

We should be happy that when our turn would come, all such issued would be already solved and time will not be wasted on finding solutions of these issues. So even if our project is not being discussed, the proceedings are helpful for us in future.

Apart from financing of projects , there are some prayers by some builders to include their expenditure made on site development which was not taken into consideration by forensic auditors. Court is also accepting such review requests and giving time -for review by forensic auditors. Noida authority has requested for recalling the court’s order dated -10 june, 19 aug and 25 aug.supreme court is also giving due regard to this request and it will be heard as first subject on 22-3-2021.

 

So what I feel is that supreme court wants to first remove the roadblocks in the already started projects by NBCC and then by their added experience, decide our case in a better way.Court will therefore not only decide that it will be constructed through NBCC but also decide ( have by that time decided) the mode of financing of these projects.

In our case the financing arrangement is more in our favour, thanks to rmeshji,Dineshji and his team for arranging all details and identifying all sources of money.This will make the job of supreme court much easier.

Please mind that these things are being done without our advocate appearing in the court and without us paying the fee on each hearing. If these things are not resolved of resolved at the time when there is a stoppage of work in our project due to same reasons, we will have to send our advocate and seek solution and attend hearing.So we should rather be happy that our work is being done at the cost of other petitioners.

The only thing is that it will require time. The court proceedings have already been lined up for nearly 3 dates at 7 days interval after 22 march. So as per my analysis, decision on our matter may come in late April.

 

Buit I would again say that whatever is being done today for other cases would ultimately save time in our case.

 

So dear friends,Have patience, have faith and maintain solidarity and unity.