Uttarakhand High Court
RERA APPEAL/1/2022 on 29 July, 2022
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
RERA Appeal No.01 of 2022
With
RERA Appeal No.02 of 2022
RERA Appeal No.03 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Bhupesh Kandpal, Advocate holding brief of Ms. Gurbani Singh, Advocate for the appellant.
Mrs. Neetu Singh, Advocate with Mr. Vinod Joshi, Advocate for the respondents.
This is a bunch of three RERA Appeals preferred under Section 58 of Real Estate (Regulation and Development) Act, 2016, wherein the appellant had put a challenge to the order dated 31.12.2018 as rendered in Complaint Case No.92 of 2018, as well the order dated 23.09.2018 rendered by Uttarakhand Real Estate Appellate Tribunal Dehradun in Appeal No.14 of 2019.
The RERA Appeal No.02 of 2022 has been preferred against the judgment of 30.04.2019 as rendered in Complaint Case No.83 of 2018 as well as the order dated 23.09.2019, rendered by Uttarakhand Real Estate Appellate Tribunal Dehradun in Appeal No.12 of 2019.
In RERA Appeal No.03 of 2022 the challenge given by the appellant is to the judgment dated 30.04.2019 as rendered by the Uttarakhand Real Estate Appellate Tribunal, Dehradun in Complaint Case No.93 of 2018, which stood affirmed by the judgment of the appellate tribunal dated 23.09.2019 rendered in Appeal No.13 of 2019.
All these appeals are accompanied with a delay condonation application seeking condonation of 115 days of delay, which has chanced in preferring the appeals under Section 58 of the Real Estate (Regulation and Development) Act, 2016. For the explanation, which has been given in para 5 & 6, the condonation of delay would be an aspect, which will fall for consideration, to be within the purview of the High Court in the light of the proviso to Section 58 of the Act of 2016.
Though, the delay condonation application is vehemently opposed by the counsel for the respondents on the ground that on one hand the appellants are pursuing their respective execution case. On the other hand, they are in contradiction, to the execution proceedings, had now put a challenge to appellate court's judgment.
But however, at this stage and considering the reasons given in the delay condonation application, the delay would stand condoned in each of the respective RERA Appeals preferred by the appellants.
Put up these RERA Appeals in the week commencing 15.08.2022, for hearing at admission stage.
(Sharad Kumar Sharma, J.) 29.07.2022 Arti