Lichfl Care Homes Limited vs. Union Of INDIA & Ors.

Facts

This judgment concerns 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 petitioners are primarily seeking the remand of their matters for determination 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 National Anti-Profiteering Authority (NAA), represented by the Competition Commission of India (CCI), have indicated no objection to the remand of these real estate company matters, as the CCI has not challenged a specific paragraph (paragraph 129) of the aforementioned judgment.

Held

The Court held that the eight listed writ petitions concerning real estate companies are to be remanded. The reasoning is based on the agreement of the parties, specifically the respondents' lack of objection to the remand. The Competition Commission of India (CCI), which has taken over the functions of the erstwhile National Anti-Profiteering Authority (NAA), has not challenged paragraph 129 of the Court's judgment dated January 29, 2024. This implies that the CCI accepts the findings or directions within that paragraph as a basis for further proceedings. Therefore, the Court ordered the remand of these matters to the CCI for a determination or decision in accordance with the principles established in the January 29, 2024 judgment. The remaining matters, where arguments on merits are yet to be heard, were listed for directions.

Key Issues

1. Whether the eight listed writ petitions concerning real estate companies should be remanded for determination in accordance with the Delhi High Court's judgment and order dated January 29, 2024? Petitioner's arguments: The petitioners, through their counsel, stated that they are praying for the remand of their eight matters in accordance with the prior judgment and order of the Court. They are seeking a fresh determination based on the principles laid down in that judgment. Respondent's arguments: The Union of India, through its counsel, 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. This indicates the respondents' agreement with the petitioners' request for remand.