SK JALALUDDIN Vs. STATE OF WEST BENGAL
SUPREME COURT OF INDIA
STATE OF WEST BENGAL
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R.F. Nariman, J. -
(1.)Special Leave Petition (C) No. 6300 of 2018 was filed by six petitioners (applicants herein), who were all members of the respondent No.4 Khowab Housing Cooperative Society Ltd. (for short "Housing Society"). The same was dismissed on 28.03.2018 by the following order:
"Heard learned counsel for the petitioners and perused the record.
We do not find any ground to interfere with the impugned order.
The outstanding dues may be paid immediately except for Rupees One Lakh, which may be paid within six weeks from today.
The special leave petition is disposed of in above terms. Pending applications, if any, are also stand disposed of."
(2.)The six petitioners (applicants herein), then filed this M.A. No. 3082 of 2018 on 26.11.2018 with the following prayers:
"a. Allow the instant application.
b. Direct the Secretary or the concerned officer, Khowab Housing Cooperative Society to accept the outstanding dues paid by Petitioner Nos. 4 and 6 as stated in Para 5 of the instant Application and hand over the possession of the flats;
c. Direct the Secretary or the concerned Officer, Khowab Housing Cooperative Society to issue NOC or confirmation letter for Home Loan to the Bank and grant extension of time for paying outstanding dues; or
d. Pass such further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice"
(3.)Briefly stated, the facts of this case are that all the six petitioners in the Special Leave Petition were members of the respondent No.4Housing Society, which was formed with the objective to construct 48 flats for its 48 members, at a price of approximately 1617 lakhs per flat. The Housing Society was allotted a residential flat measuring 2586.24 square meters by the Asansol Durgapur Development Authority (ADDA) on lease for a total consideration of Rs. 67,05,745/-. The 48 members of the Housing Society were required to deposit a sum of Rs. 3.86 lakhs each towards the cost of land etc., which was deposited by all the 48 members (including the six petitioners) and thus a total amount of Rs. 185.28 lakhs was contributed by the members.
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