Prescon Realtors And Infrastructures Private Limited vs. Union Of INDIA & Ors.
Facts
This order pertains to multiple writ petitions filed by various real estate companies, including M/s Pyramid Infratech Private Limited, Lifestyle International Pvt. Ltd., and others, against the Union of India and other respondents. The core of these petitions revolves around decisions made by the National Anti-Profiteering Authority (NAA) and the Directorate General of Anti-Profiteering (DGAP). The petitioners are seeking a remand of their matters in line with a previous judgment and order dated January 29, 2024, passed by the Delhi High Court. The respondents, represented by counsel for the Union of India and the NAA/DGAP, have indicated no objection to this remand, particularly since the Competition Commission of India (erstwhile NAA) has not challenged a specific paragraph of the aforementioned judgment.
Held
The Court held that the eight listed writ petitions concerning real estate companies are to be remanded to the Competition Commission of India. This decision is based on the petitioners' prayer for remand in accordance with the judgment and order dated January 29, 2024, passed by the Delhi High Court. The respondents, including the Union of India, did not object to this course of action, noting that the Competition Commission of India (erstwhile National Anti-Profiteering Authority) had not challenged paragraph 129 of the prior judgment. The Court's reasoning is that the parties are in agreement regarding the remand to ensure a determination or decision consistent with the Court's earlier pronouncement. The matters not being decided on merits are to be listed separately for directions.
Key Issues
1. Whether the eight listed real estate company matters should be remanded to the Competition Commission of India for determination/decision in accordance with the judgment and order dated January 29, 2024, passed by this Court? Petitioner's Argument: The petitioners, through their counsel, stated that they are praying for the remand of the eight specific matters listed in the order. They are seeking this remand to align with the directions and principles laid down in the Court's earlier judgment dated January 29, 2024. Respondent's Argument: The counsel for the Union of India stated that as the Competition Commission of India (erstwhile National Anti-Profiteering Authority) has not challenged paragraph 129 of the said judgment, the Respondents have no objection to the remand of the aforesaid real estate company matters.
Sections Cited
None explicitly mentioned in the provided text for the specific remand order, though the context implies issues related to anti-profiteering under GST law.
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Heard together (2 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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