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      • SC gives Parsvnath Developers one week to deposit dues to homebuyers, warns next step is jail
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      SC gives Parsvnath Developers one week to deposit dues to homebuyers, warns next step is jail

      Deposit dues to homebuyers
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      The Supreme Court on Monday granted Parsvnath Developers one week as the final opportunity to comply with orders passed in favour of homebuyers in Gurugram by depositing the entire amount along with 12 per cent interest with the registry within one week.

      Observing that failure to do so would result in imprisonment, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana made very strong remarks against the real estate firm and its directors, PTI reported.

      “The whole country has been duped by them. If you (real estate firm and its directors) do not comply with the orders within a week, they will be sent to jail. They are making a mockery of the system.

      “The same thing that happened to the Unitech (directors) will happen to them (Parsvnath Developers). The entire system has been hijacked,” the CJI said.

      The case pertained to a petition filed by one Rita Tikku, a cancer survivor, and Lokaish Tikku, who invested their life savings in the ‘Parsvnath Exotica’ project in Sector 53, Gurugram.

      The bench noted that the Haryana government has filed the status report as directed by it earlier.

      “The Haryana government states that a compliance affidavit has been filed. However, the same was filed last evening and not tagged with the paper books. Let it be done immediately,” it said.

      The bench said the respondent builder and its officials have entered an appearance.

      “Let them explain non-adherence to orders by HRERA (Haryana Real Estate Regulatory Authority). Before the execution of non-bailable warrants, which is already issued, we grant the last opportunity to the builders to deposit the entire recoverable amount along with interest of 12 per cent per annum with the Supreme Court registry.

      “Let it be deposited within a week. Post this case next Monday,” the bench ordered.

      It said that according to an earlier order, “Everything will continue to remain frozen.” The bench did not accept the submission that other homebuyers were living in the same building where the petitioners had booked the home.

      “No plan. Deposit and then talk. We are under Article 142 (of the Constitution), we are not concerned with IBC (proceedings), insolvency etc… “Let there be no misunderstanding about our order. The next step is jail. That is all,” the CJI said while adjourning the matter to July 27.

      Article 142 of the Constitution grants the top court plenary power to pass any decree or order necessary for doing “complete justice” in any pending case.

      On July 13, the top court froze the bank accounts of the real estate firm and its directors, and issued bailable warrants against the company’s leadership after taking note of a 20-year struggle by senior citizens to secure possession of their homes.

      Taking note of the plea, the bench had issued notices to the state government, Parsvnath Hessa Developers Pvt Ltd through its managing director, Parsvnath Developers Pvt Ltd, the district magistrate of Gurugram and Haryana’s Department of Town Country Planning.

      It asked the Haryana chief secretary, the DGP, all district collectors and police commissioners to ensure strict compliance with these orders and submit affidavits.

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