Gujarat High Court
Gujarat Real Estate Regulatory ... vs Satyam Infracon on 2 November, 2020
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SA/149/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 149 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/SECOND APPEAL NO. 149 of 2020
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2020
In R/SECOND APPEAL NO. 149 of 2020
==========================================================
GUJARAT REAL ESTATE REGULATORY AUTHORITY
Versus
SATYAM INFRACON
==========================================================
Appearance:
MS ML SHAH- SR ADVOCATE WITH MR DM DEVNANI(5880) for the
Appellant(s) No. 1
for the Respondent(s) No. 2
MR PERCY KAVINA- SENIOR ADVOCATE WITH MR MIHIR THAKORE-SR
ADVOCATE WITH MR AB MUNSHI(1238) for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 02/11/2020
ORAL ORDER
Heard learned Senior Advocate Ms. M.L. Shah with learned advocate Mr. D.M. Devnani for the appellant applicant and learned Senior Advocate Mr. Percy Kavina and learned Senior Advocate Mr.Mihir Thakore assisted by learned advocate Mr. A.B. Munshi for the respondent through video conference.
Learned Senior Advocate Mr.Kavina raised a preliminary objection with regard to the maintainability of the Second Appeal filed under Section 58 of the Real Estate (Regulation and Page 1 of 3 Downloaded on : Mon Nov 02 21:08:12 IST 2020 C/SA/149/2020 ORDER Development) Act, 2016 (for short "the RERA Act") on the ground that the First Appeal would be maintainable under Rule217 of the Gujarat High Court Rules, 1993 and the same is required to be heard by the Division Bench.
Learned Senior Advocate Ms. M.L. Shah assisted by learned advocate Mr. D.M. Devnani for the appellantapplicant submitted that the Registry has in another matter being appeal filed under Section 58 of the RERA Act, has registered the same as Second Appeal No.402 of 2019 and Second Appeal No.406/2019.
Learned Senior Advocate Mr.Kavina on the other hand submitted that the Registry has in another matter being appeal filed under Section 58 has registered the same as First Appeal Nos.1984 of 2020 and 1987 of 2020 and the same were heard by the Division Bench.
In view of the above contradictory stands adopted by the Registry by registering the appeal filed under Section 58 of the RERA Act, one as Second Appeal and another as First Appeal, has resulted into an anomaly of application of Rule - 217 of the Gujarat High Court Rules, 1993.
The Registry is therefore, directed to sort out such anomaly and clarify as to whether the Second Appeal under Section 58 of the RERA Act would lie or First Appeal would lie which is to be heard by the Page 2 of 3 Downloaded on : Mon Nov 02 21:08:12 IST 2020 C/SA/149/2020 ORDER Division Bench under Rule 217 of the Gujarat High Court Rules, 1993.
Registry may also call for the comments of the learned advocates so as to take a decision and place the matter before the Hon'ble The Chief Justice so as to circulate the matters filed under Section 58 of the RERA Act.
In the event, once the Registry comes to a decision as to the Second Appeal is maintainable, then the First Appeal filed under the RERA Act is required to be converted into Second Appeal and if the First Appeal is required to be filed, then Second Appeal filed under the RERA Act is required to be converted into First Appeal and accordingly, the needful be done.
Registry is directed to complete such exercise within two days and place this matter before the appropriate Court on 5th November, 2020.
In the meantime, adinterim relief granted earlier to continue till the matter is placed before the appropriate Court.
Copy of this order be sent to the Registrar (Judicial) forthwith.
(BHARGAV D. KARIA, J) RAGHUNATH R NAIR Page 3 of 3 Downloaded on : Mon Nov 02 21:08:12 IST 2020