BIKRAM CHATTERJI & ORS versus UNION OF INDIA & ORS

Source-derived case information.

Parties: Petitioner: BIKRAM CHATTERJI & ORS.; Respondent: UNION OF INDIA & ORS.
Jurisdiction: India
Judgment Date: 07 November 2022
Procedural Posture: Writ Petition (civil) No. 940 of 2017 / Hearing of Interlocutory Applications Seeking Recall of Orders (i.a.s) and Disposal of Those Ias
Outcome: Interlocutory applications allowed in part; orders dated 10.06.2020, 19.08.2020 and 25.08.2020 recalled insofar as they applied to builders other than Amrapali Group of Companies; IAs disposed of.
Legal Topics: Interest on Outstanding Dues, Recall of Court Orders, Judicial Review of Contractual Terms, Restructuring of Repayment Schedules

Constitutional Law Administrative Law Contract Law Real Estate Law Interest on Outstanding Dues Recall of Court Orders Judicial Review of Contractual Terms Restructuring of Repayment Schedules

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Parties

BIKRAM CHATTERJI & ORS.

Petitioner

UNION OF INDIA & ORS.

Respondent

Procedural Posture

Writ Petition (civil) No. 940 of 2017 / Hearing of Interlocutory Applications Seeking Recall of Orders (i.a.s) and Disposal of Those Ias

Legal Issues

1 Whether orders dated 10.06.2020, 19.08.2020 and 25.08.2020 reducing interest rates should be recalled insofar as they applied to projects other than Amrapali Group of Companies
2 Whether the Supreme Court erred in extending relief granted in proceedings concerning Amrapali projects to other builders without adequate notice or consideration of financial impact on Noida and Greater Noida Authorities
3 Whether courts should interfere with contractual interest terms in commercial/allotment contracts under the facts presented

Ratio Decidendi

The Court held that it erred in extending the interest-reduction relief granted in the Amrapali-specific proceedings to projects other than Amrapali Group of Companies; accordingly the orders dated 10.06.2020, 19.08.2020 and 25.08.2020 are recalled insofar as they related to non-Amrapali projects, and Noida and Greater Noida Authorities were directed to recalculate amounts due for those builders after taking into account the State Government order dated 09.06.2020.

Court Disposition

Interlocutory applications allowed in part; orders dated 10.06.2020, 19.08.2020 and 25.08.2020 recalled insofar as they applied to builders other than Amrapali Group of Companies; IAs disposed of.

Orders

Orders dated 10.06.2020, 19.08.2020 and 25.08.2020 recalled insofar as they related to projects other than Amrapali Group of Companies
Noida and Greater Noida Authorities directed to calculate amounts due in respect of builders other than Amrapali Group of Companies after taking into consideration the effect of the State Government order dated 09.06.2020

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