• Is seperate impleadment/Intervention application required to file if Association already has filed

Hi,
This is Vikrant & i want to ask whether it is necessary to file a seperate impleadment/intervention application in an ongoing case if the flat buyer association has already filed one in Supreme Case against the Amrapali builder due to delay in construction of flats due to builder fraud in my Project " Amrapali Leisure Valley "
2. Also, the date of filing impleadment/intervention has passed as per the advertisement in local newspaper. Am i eligible to file now.
3. Impleadment/Intervention need to be filed in Supreme court or can be filled in lower courts as well. 
4. What is the fee for filing a Case as intervention/impleadment application in Supreme court of India & other local courts.

Case Type :- Writ-Civil

Case Nature - Impleadmint/Intervention Application filing against already running case against builder in Supreme Court of India
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

1. See as you are part of association you are not required to be joined as party individually.

Further if you want to join as party an application can be filed before the court to join as party.

Yes you can file an affidavit stating reason for delay to joined as party at later date.

The fee is nominal, just the court fee.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If your flat buyer association has already filed intervenor application you don’t have to file separate intervenor application 

 

2) it should be filed in SC if case is pending in SC 

 

3) legal fees vary depending upon the lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Date for filing has already lapsed

U need to check what exactly is written in newspaper notice as to how would the application be dealt with if its filed beyond the stipulated period

The intervention application can only be filed in the ongoing case pending before SC and not before any lower courts 

No court fee is required to be paid on intervention application except lawyer's fees

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. Yes, if you have locus standi in the dispute presently pending for adjudicarion in Suprem Court then you can file intervening application to get yourself added in the appeal.

2. If you can explain the delay and the court accepts then it can allow you to be impleaded in the proceeding.

3. It is to be filed in supreme court.

4. Court fees is very nominal but the advocate's fees is much.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

No nEed to file any intervention application.

File an insolvency petition directly in the NCLT.

Contact a local lawyer

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

  1. As per the information mentioned I the present query, makes it clear that the time of filing the inoleadment application has already been elapsed.
  2. Still you can file it accompanying an application for conformation of delay, specifying the reasons for delay in filing the same.
  3. Yes, if the matter has been pending in the Hon’ble Supreme Court then no subordinate court can proceed with the matter, you will have to make an application for impleadment there only.
  4. Fee May vary from lawyer to lawyer.

If you wish to avail our services then may contact me through Kaanoon.

 

It will be nominal, don’t worry.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Intervention application will file in Supreme Court in pending writ. File asap.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1.  If the association has taken up te matter on behalf of all its members then there may not be any necessity to file a separate impleadment petition by any individual member.

 

2. If you still want to file a pewtition seeking to implead you also as a necessary party to the ongoing case, you may do so.

 

3. It can be filed only in the court where the case is going on.

 

4. You may enquire about it with a supreme court practising lawyer.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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