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    Rera-Appl 34 2019 04 03 2020 Interim Order

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    This document summarizes proceedings in two appeals filed by Ramprastha Promoters & Developers Pvt. Ltd. against orders by the Authority. Counsel for the appellant argued the Authority order was without jurisdiction and non-est, so pre-deposit of the awarded amount for hearing the appeal was not required. Counsel for the respondents noted the appeals had already been dismissed by the Tribunal so a stay was not possible. However, execution proceedings had begun so the appellant sought a stay of those proceedings. The court ordered the appeals to be listed on March 23rd before further addressing the request for a stay of execution.

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    Rera-Appl 34 2019 04 03 2020 Interim Order

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    This document summarizes proceedings in two appeals filed by Ramprastha Promoters & Developers Pvt. Ltd. against orders by the Authority. Counsel for the appellant argued the Authority order was without jurisdiction and non-est, so pre-deposit of the awarded amount for hearing the appeal was not required. Counsel for the respondents noted the appeals had already been dismissed by the Tribunal so a stay was not possible. However, execution proceedings had begun so the appellant sought a stay of those proceedings. The court ordered the appeals to be listed on March 23rd before further addressing the request for a stay of execution.

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    RERA-APPL_34_2019_04_03_2020_INTERIM_ORDER (3)

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    This document summarizes proceedings in two appeals filed by Ramprastha Promoters & Developers Pvt. Ltd. against orders by the Authority. Counsel for the appellant argued the Authority order was without jurisdiction and non-est, so pre-deposit of the awarded amount for hearing the appeal was not required. Counsel for the respondents noted the appeals had already been dismissed by the Tribunal so a stay was not possible. However, execution proceedings had begun so the appellant sought a stay of those proceedings. The court ordered the appeals to be listed on March 23rd before further addressing the request for a stay of execution.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    18 views2 pages

    Rera-Appl 34 2019 04 03 2020 Interim Order

    Uploaded by

    abc
    This document summarizes proceedings in two appeals filed by Ramprastha Promoters & Developers Pvt. Ltd. against orders by the Authority. Counsel for the appellant argued the Authority order was without jurisdiction and non-est, so pre-deposit of the awarded amount for hearing the appeal was not required. Counsel for the respondents noted the appeals had already been dismissed by the Tribunal so a stay was not possible. However, execution proceedings had begun so the appellant sought a stay of those proceedings. The court ordered the appeals to be listed on March 23rd before further addressing the request for a stay of execution.

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    © All Rights Reserved
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    of 2

    120

    RERA-APPL-31-2019(O&M)
    Ramprastha Promoters & Developers Pvt. Ltd.
    vs.
    Pawan Gahlawat

    RERA-APPL-34-2019(O&M)
    Ramprastha Promoters & Developers Pvt. Ltd.
    vs.
    Ishwer Chand Garg

    Present: Mr.Arun Walia, Sr. Advocate with


    Mr.Mrinal Sharma, Advocate,
    for the appellant.

    ******
    Pursuant to notice of motion having been issued in these two

    appeals, Mr.Shubhit Hans, Advocate, appears for the respondent in RERA-

    APPL-31-209 and Mr.Rohit Rana, Advocate for Mr.Kunal Dawar, Advocate,

    appears for the respondents in RERA-APPL-34-2019. They both seek time to

    argue the matters, the question being whether or not the Tribunal was justified

    in refusing hearing of the appeals without deposit of the entire amount awarded

    by the authority to the respondents.

    The contention of Mr.Walia, learned Senior counsel appearing for

    the appellant in these appeals, again is that with the order of the Authority

    being without jurisdiction, it not being one passed by the Adjudicating Officer,

    and therefore, it being non-est, the question of the appeal not being heard by

    the Tribunal without the condition of a pre-deposit, would not arise.

    It is, of course, to be noticed that learned counsel for the

    respondents submits that since by the time notice of motion came to be issued

    in these appeals, the appeals themselves had already been dismissed by the

    Tribunal, the question of any stay of proceeding before that forum does not

    arise.

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    However, Mr.Walia submits that execution proceedings having

    been initiated by the respondents in these two appeals, stay of those

    proceedings is being prayed for.

    The first of such execution applications is stated to be coming up

    before the competent forum on 24.03.2020. Therefore, these appeals are

    ordered to be listed on 23.03.2020.

    To be shown in the urgent motion list.

    A photocopy of this order be placed on the file of the connected


    case.

    March 04, 2020 (AMOL RATTAN SINGH)


    dharamvir JUDGE

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