# In the matter of Bikram Chatterji & Ors. Vs. Union of India & Ors. Writ Petition (C) No. 940-2017

> SC judgment dated 23 Jul 2019. Citation: TCN-2019-SC-00050. This case involves a large number of writ petitions and a special leave petition filed by…

- **Court:** SC
- **Order date:** 23 Jul 2019
- **Citation:** TCN-2019-SC-00050
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/bikram-chatterji-ors-vs-union-of-india-ors-writ-petition-4ec8b5e9

## Summary

### Background

This case involves a large number of writ petitions and a special leave petition filed by homebuyers against the Amrapali Group of Companies, the Union of India, and other respondents. The petitioners, who booked apartments in various real estate projects in Noida and Greater Noida between 2010 and 2014, alleged that the Amrapali Group failed to deliver possession of approximately 42,000 flats within the promised 36 months, despite receiving 40% to 100% of the total consideration. The builders also failed to pay dues to the Noida and Greater Noida Authorities and banks, leading to a serious breach of their obligations under the subvention scheme, causing a double loss to the buyers who were making EMI payments.

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## Facts

In 2011, the Amrapali Group of Companies launched various real estate projects in Noida and Greater Noida, proposing to construct approximately 42,000 flats. Brochures were published, assuring delivery of possession within 36 months and promising world-class amenities. Homebuyers booked apartments between 2010 and 2014, signing Standard Form of Allotment-cum-Flat Buyers Agreements, and paid 40% to 100% of the total consideration. Despite these payments, they faced the threat of forfeiture of huge booking amounts and non-delivery of flats.

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## Issues and analysis

### Issue 1: Whether the Amrapali Group of Companies, its directors, and statutory auditors engaged in…

**Ratio:** The Amrapali Group of Companies, its directors, and statutory auditors engaged in a…

**Reasoning:** The Forensic Auditors' report, spanning eight volumes, meticulously detailed numerous…

**Interpretation:** The Court interpreted the actions of the Amrapali Group as a deliberate and…

**Application:** The Court applied the findings of the Forensic Auditors' report to conclude…

## Parties

- **Judges:** Arun Mi…; UDAY UMESH…
- **Other parties:** supreme-court-of-i…

## Timeline

- **2010-2014 — Apartment B…**: Various homebuyers booked apartments in Amrapali Group projects in Noida and Greater…
- **November 22, 2017 — Court Order fo…**: Supreme Court directed the builder to…

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