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   IN THE SUPREME COURT OF INDIA     CIVIL APPELLATE JURISDICTION

     CIVIL APPEAL NO.1298      OF  2009

                 [Arising out of SLP(C) No.30580 of 2008]

   ASHA MISHRA                                                   

...   Appellant(s)

                       Versus    

NATIONAL COOP.GROUP HOUS.SOCIEY LTD.&ORS     ...  Respondent(s)   

O R D E R  

Leave granted. This appeal is directed against the order dated 16th September, 2008,  passed  

by the Delhi High Court in C.M. No.12650 of 2008, filed in writ petition(C) No.6934  

of 2007, wherein the appellant had prayed for an order to treat the said application  

as  part  of  the main writ petition and to set  aside the further demands raised in  

paragraphs 7 and 8 of the application.  For the  sake of convenience, the order of the  

High Court dated 16/09/2008 is reproduced hereinbelow:

“As on date, a sum of Rupees 5,42,596/- is claimed  by the Respondent Society against the Petitioner  upto June, 2007.  The flat in question has not been  completed/finished.   In  order  to  expedite  possession  of  the  Flat  being  handed-over  to  the  Petitioner th respondents(Petitioner) submits that  a sum of Rupees 1,50,000/- may be deducted from  the amounts due since this would be the amount

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defrayed by the Society towards completion of the  Flat.   Learned  counsel  for  the  respondents(Petitioner)  states,  on  instructions,  that the Society would be willing to adjust the sum  of  Rupees  1,50,000/-  from the  amounts  due  and  payable  by  the  Petitioner  under  various  heads,  which, as stated above, stood at Rupees 5,42,596/-  upto June, 2007.

Mr.  Chetan  Sharma,  learned  Senior  Counsel for the Petitioner states, on instructions,  that  the  sum of  Rupees  2,92,596/-  arrived at  by  adjusting Rupees  1,00,000/-  already deposited in  these proceedings, shall be paid to the Respondent  Society  within  four  weeks  from  today.   On  the  payment of the said sum possession of the Flat in  question, namely A-35, shall be handed over to the  Petitioner  forthwith.   The  claims  of  the  rival  parties shall be adjudicated in the final hearing of  this Petition.

This arrangement pertains to demands that  have  been  raised  upto  June,  2007.   Demands  arising thereafter shall be paid by the Petitioner  diligently.   The  said  arrangement  is  without  prejudice to the rights and contentions of either  parties.   

Application is disposed of.”

Mr. Ranjit Kumar, learned senior counsel appearing for the appellant, points  

out  that  the  order  impugned relates  to  handing over  of  possession of  the  flat  in  

question to the appellant, subject to payment of certain dues, which had been agreed  

upon and at the same time there was also a direction that demands raised by the  

respondent-society  after  June,  2007,  would  also  have  to  be  paid,  but  without  

prejudice to the rights and contentions of the parties.

Having heard Mr. Ranjit Kumar, learned senior counsel for the appellant,

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and learned counsel for the respondent-society, and having regard to the fact that  

the appellant has been waiting for possession of the flat in question since 2003, we  

are of the view that the order impugned has to be given a pragmatic meaning so that,  

on the one hand, the appellant is able to obtain possession of the flat and at the same  

time the demands of the society are also paid subject to the final decision  in the  writ  

petitions pending before the High Court.

However, before we proceed to do so, it should also be kept in mind that the  

payment  of  demands  raised  after  June,  2007,  has  been  linked  by  the  society  to  

possession being made over to the appellant.  We must also keep in mind the fact  

that the appellant has also not paid the amounts, as was directed by the order of the  

High Court, within the time specified.  It is because of these two reasons that the  

matter is now before us.   

Having considered the submissions made and the facts as indicated above, we  

are inclined to modify the order of the High Court to the extent of extending the time  

for    depositing  the balance amount of Rs.2,92,596/- payable, after adjustment of  

Rs. one lakh, which has already been deposited.

We,  therefore,  extend the time for making the deposit  of  the said balance  

amount till 16th  March, 2009.  On payment of the said amount, the society shall  

forthwith hand over  possession of the flat in question to the appellant.   

As far as payment,  with regard to the demands raised after June,  2007 is  

concerned,  it  is  made  clear  that  such  payments  shall  be  made  by  the  appellant

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without prejudice to her rights and contentions and such payment would be subject  

to the final decision of the High Court in the pending writ petitions.

The appeal is allowed to the aforesaid extent.   

             ...................J.                                (ALTAMAS KABIR)   

            ...................J.                         (CYRIAC JOSEPH)  

New Delhi, February 25, 2009.