Southwinds Projects LLP vs. Union Of INDIA & Ors.
Facts
This judgment concerns multiple writ petitions filed by various real estate companies against the Union of India and others. The petitioners are seeking the remand of their cases in accordance with a previous judgment and order dated January 29, 2024, passed by the Delhi High Court. The respondents, including the Union of India and the Competition Commission of India (erstwhile National Anti-Profiteering Authority), have indicated no objection to the remand of these specific real estate company matters, as the Competition Commission of India has not challenged a particular paragraph of the aforementioned judgment. The court is addressing these petitions on April 25, 2024.
Held
The Court held that the eight listed writ petitions concerning real estate companies should be remanded to the Competition Commission of India. This decision was based on the agreement of the parties and the fact that the Competition Commission of India had not challenged paragraph 129 of the Court's prior judgment dated January 29, 2024. The reasoning is that the parties have consented to this course of action, and the respondents do not oppose the remand. The ratio decidendi is that where parties agree to a remand based on a prior judicial pronouncement, and the relevant authority has not contested a key aspect of that pronouncement, the court will facilitate the remand. The operative direction is that the eight matters are remanded to the Competition Commission of India for determination/decision in accordance with the judgment and order dated January 29, 2024. The remaining matters were listed for directions.
Key Issues
1. Whether the eight listed writ petitions concerning real estate companies should be remanded to the Competition Commission of India for determination or decision in accordance with the Delhi High Court's judgment and order dated January 29, 2024? Petitioner's Argument: The petitioners, through their counsel, are explicitly praying for the remand of their eight matters to the Competition Commission of India, citing the prior judgment and order of the Court dated January 29, 2024, as the basis for this request. Respondent's Argument: The Union of India, through its counsel, states that since the Competition Commission of India has not challenged paragraph 129 of the January 29, 2024 judgment, the respondents have no objection to the remand of the aforesaid real estate company matters.
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$~30 to 134 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10999/2018 M/S PYRAMID INFRATECH PRIVATE LIMITED ..... Petitioner Through: Mr.Abhishek A Rastogi (through VC), Ms. Pooja M. Rastogi, Ms.
Meenal Songire, Advocates.
Versus UNION OF INDIA & ORS. ..... Respondents Through: Ms. Pratima N. Lakra, CGSC with Ms. Vrinda Baheti and Mr. Kashish G. Baweja, Advocates for UOI.
Mr. Vinod Diwakar, CGSC with Mr. Olson Nair, Advocate for UOI.
Mr.Zoheb Hossain, Advocate with Mr. Vivek Gurnani, Ms.Abhipriya Rai and Mr.Vivek Gaurav, Advocates for NAA and DGAP.
Mr. Aditya Singla, SSC with Ms.
Charu Sharma, Advocate for R-4. + W.P.(C) 12647/2018 LIFESTYLE INTERNATIONAL PVT. LTD. ..... Petitioner Through: Mr. Tarun Gulati, Sr. Advocate with Mr.Sparsh Bhargava with Ms.Ishita Farsaiya and Ms. Vanshika Taneja, Advocates.
Versus UNION OF INDIA & ORS. ..... Respondents Through Mr. Anurag Ahluwalia, CGSC for UOI.
Mr.
Vivek Gurnani, Mr.
Sanjeev Menon, Ms. Abhipriya Rai and Mr.
Vivek Gaurav, Advocates for NAA and DGAP.
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