Vishal Garg v. Adel Landmarks Limited

$~CP-27 & 30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 598/2016 VISHAL GARG ..... Petitioner versus ADEL LANDMARKS LIMITED ..... Respondent + CO.PET. 769/2016 HARISH SHARMA ..... Petitioner versus ADEL LANDMARKS LIMITED ..... Respondent Present :

Mr.Ankur Gosain, Adv. for the petitioner.

Mr.Kapil Sankhla and Mr.Sumit Purohit, Advs. for the respondents.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 03.10.2018 Learned counsel for the petitioners state that they have received the principal amount. They, however, submit that they have instructions to press for interest.

Learned counsel for the petitioner has relied upon judgment of this Court dated 3.1.2018 in CP No.508/2015 where this court had noted the legal position as stated by the Supreme Court in Vijay Industries vs. NatL Technologies Limited, (2009) 3 SCC 527 and directed payment of simple interest @ 6% per annum w.e.f. the date of earlier agreement between the parties of 2015 till date of payment.

The respondents have settled with a number of petitioners today. However, keeping in view the judgment of this court dated 03.01.2018, let

the respondent pay to the petitioner 6% Simple Interest w.e.f. 1.1.2014, namely, the tentative date when possession of the flat was to be handed over till date of payment to the petitioners. Necessary payment be made within four months from today. In case there is any default liberty is granted to the petitioners to take steps as per law for recovery including revival of the present winding up petitions.

These petitions stand disposed of. All pending applications, if any, also stand disposed of accordingly.

JAYANT NATH, J OCTOBER 03, 2018 n