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Vinod Goyal & Others v. Vishranti City Residents Welfare Society & Others

Civil Appeal · 2017 INSC 1158Decided 29 Nov 2017
Civil Appeal No. 19962 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. The Punjab and Haryana High Court, by an order dated 22 July 2016, directed attachment and auction of the personal properties of a developer firm's partners to fund incomplete development works, including electricity infrastructure, in the Vishranti City colony. The partners appealed against the residents' welfare society.

Decision Breakdown

This is not a final decision on the dispute. The Court said it did not propose to go into the dispute between the parties. Without going into the merits, it set aside the High Court's order and sent the matter back to the High Court to be considered afresh after giving both parties sufficient opportunity. It expressed no opinion on the merits.

Lesson Learnt

There is no final ruling yet on who must complete the colony's infrastructure or whether the partners' personal properties can be attached. The High Court must decide this afresh after hearing both sides.

Official source (sci.gov.in)View Judgment (PDF)

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