1. CLASS I: all the persons who have any claim against any EMAAR Company in India (such as, but not limited to, EMAAR INDIA LTD, EMAAR MGF LAND LTD) as of 29-02-2016, or even as on date, in respect of money paid as advance for plots, apartments, offices, houses, etc, and who were denied a refund in spite of delay in delivery, compelling such person to sue the concerned EMAAR company for refund / recovery of the money (say, before a civil court, SCDRC / NCDRC, RERA, etc), and whose litigation is still pending, OR
2. CLASS II: all persons similar to Class I, who, denied a refund, sued, but who feel that they were compelled, by coercion or otherwise, to settle for an amount far less than their total claim, and/or who received, in (alleged) settlement, an amount equal to principal only, or principal plus some interest, but which interest was computed on simple interest basis (not compound), and / or at a rate much lower than what the contract with that EMAAR Company provided that such person would pay EMAAR for delay in payment by such person to EMAAR, and would like to pursue their remainder claims against such EMAAR Company, even if they have, under coercion of denial of refund, been forced to sign an alleged Settlement Agreement to get their money which, if signed under coercion or similar, is a void / voidable agreement, OR
3. CLASS III: all the persons who are, or have been, in litigation with any such EMAAR Company before any judicial forum, whether pending or disposed off, and who are of the opinion that it has / had behaved ‘vexatiously’ to obstruct and/or delay the disposal of the matter, whether with intent to use coercion to cause a highly concessional settlement, or otherwise,
may join the respective ‘class(es)’ under formation, for recovery of their full money due to them and for such other reliefs as may be admissible in law.
Other reliefs include seeking a declaration from a Court of competent jurisdiction that such EMAAR Company be formally declared and designated as a ‘vexatious litigant’, meaning thereby that it would be prohibited from instituting, prosecuting or defending any legal proceeding before any judicial forum in India without prior leave of the designated Competent Authority (in this case, NCLT, or such other forum), and which leave would only be granted only if it is able to establish to the satisfaction of such forum that it does have a prima facie case to do so. Other reliefs include praying to the Court to place EMAAR India Ltd into winding-up / liquidation, as its demerger order dated 16-07-02018 was obtained from NCLT in a manner that our clients believe constitutes a fraud played by EMAAR on Delhi High Court and/or NCLT (by means of false / misleading statements), and/or was passed without jurisdiction, in view of breach of a mandatory condition(s)-precedent.
All such parties, even those whose claims have allegedly been settled / paid under coercion, and are desirous of joining our clients in such ‘class-action’ proceedings, are advised to contact us urgently by email, preferably before 31-10-2023, for further details.
The complete cost of legal representation for all Members of the class shall be FREE OF CHARGE, all fees and costs being borne by our instructing clients.
Adv. Deepak Khosla
D&K Law Offices
D-367 Defence Colony, NEW DELHI 110 024, INDIA
Cell : +91 93 11 82 42 00 (WhatsApp only), eMail: [email protected]
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