Allahabad High Court
Aims Rg Angel Promotors Private Limited vs Harish Chand Sharma And 2 Others on 21 November, 2022
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 10 Case :- RERA APPEAL DEFECTIVE No. - 11 of 2022 Appellant :- Aims Rg Angel Promotors Private Limited Respondent :- Harish Chand Sharma And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala,Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 12 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Neelam Sharma And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 13 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Rajnish Jha And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 14 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Amit Sharma And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 15 of 2022 Appellant :- Aims Rg Angel Promotors Private Limited Respondent :- Yogesh Prasad Goniyal And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 16 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Sahil Gupta And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 17 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Ankur Maheshwari And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 18 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Biswajit Kar And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 19 of 2022 Appellant :- Aims Rg Angel Promotors Private Limited Respondent :- Vishnu Kumar Gupta And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala,Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 20 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Bipin Bihari Pathak And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 21 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Sunil Kumar Singh And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 22 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Daman Preet Singh And 2 Oters Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 23 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Richa Gupta And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 24 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Ranjan Kumar Singh And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 25 of 2022 Appellant :- Aims Rg Angel Promotors Private Limited Respondent :- Surendra Nath Taneja And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 26 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Vijaya Kashyap And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 27 of 2022 Appellant :- Aims Rg Angel Promotors Private Limited Respondent :- Pramod Kumar Shukla And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 28 of 2022 Appellant :- Aims Rg Angel Promotors Private Limited Respondent :- Manish Upreti And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 29 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Romi Kumar And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala,Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 30 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Roopesh Saraswat And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 31 of 2022 Appellant :- Aims Rg Angel Promotors Private Limited Respondent :- Inderbir Singh Matharu And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala,Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 32 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Anjana Chakraborty And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala,Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 33 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Kailash Narain And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 35 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Subroto Mukherjee And 2others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 36 of 2022 Appellant :- Aims Rg Angel Promotors Private Limited Respondent :- Anurag Yadav And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 38 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Vaibhav Kukreti And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 39 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Sudhanshu Singhania And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 40 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Shyamoli Sinha And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 41 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Sarvjeet Sanskrit And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 42 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Manish Srivastava And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 43 of 2022 Appellant :- Aims Rg Angel Promotors Private Limited Respondent :- Saurabh Priyadarshi And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 44 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Purushottam Patel And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 45 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Ruchita Singh And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 46 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Vivek Gupta And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 47 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Abhay Kumar And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 48 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Ashish Kansal And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 49 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Manju Shukla And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 50 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Saurabh Bhatjiwale And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 51 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Sanjay Tyagi And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 52 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Shipra Maheshwari And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 53 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Manish Kumar Singh And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 54 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Niraj Shivhare And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 55 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Vivek Khare And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 56 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Priyanka Verma And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 57 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Rambir Singh And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 58 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Mukesh Kumar Goel And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 59 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Karuna And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 60 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Gaurav Virdi And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 61 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Bhuwanaditya Agarwal And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 62 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Ram Ashish Chaudhary And Another Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 63 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Harsha Sharma And 2 Others Counsel for Appellant :- Pratik Chandra Counsel for Respondent :- Vatsala with Case :- RERA APPEAL DEFECTIVE No. - 64 of 2022 Appellant :- Aims Rg Angel Promoters Private Limited Respondent :- Utkarsh Rastogi And 2 Others Counsel for Appellant :- Pratik Chandra Hon'ble Rohit Ranjan Agarwal,J.
In Re: Civil Misc. Delay Condonation Application No. 2 of 2022
1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Azhar Ikram and Sri Manish Singh, learned counsel for the applicant-appellant and Ms. Vatsala, learned counsel assisted by Sri Ravi Kant, learned counsel appearing for the respondents.
2. These bunch of appeals have been filed with delay along with a delay condonation application.
3. The Stamp Reporter has reported delay ranging from 311 days to 350 days.
4. Learned counsel appearing for the applicant submitted that in view of decision of Apex Court in case of Suo Motu Writ Petition No. 3 of 2020 In Re: Cognizance For Extension of Limitation, the period of limitation was extended till 30.05.2022. He further contends that after 30.05.2022, the Court was closed for vacation and it reopened in July, 2022. Thereafter, the appeals were filed from 05.08.2022 onwards and the last of it was filed on 09.09.2022.
5. He further contends that the proceedings before the Real Estate Regulatory Authority was launched way back in the year 2019 on a complaint preferred by the respondents. The authority rejected the complaint by a judgment and order dated 06.08.2019 and held that report of Chartered Accountant appointed by authority to be correct as far as demand of pro-rata charges towards VAT, Labour Cess and and farmers' compensation to be realised from the respondents being valid. Against the order of authority, appeals were preferred by the allottees/respondents before the Real Estate Appellate Tribunal, Lucknow. All the appeals filed by the respondents were allowed by a common judgment dated 30.07.2021.
6. Against the said judgment, some of the home buyers/respondents preferred an appeal before the Lucknow Bench of this Court while three appeals were filed by the appellant before this Court. Against the interim order granted by Lucknow Bench of this Court, the appellant preferred a Special Leave Petition (Civil) No. 1611 of 2022 before the Hon'ble Apex Court and the same was dismissed vide order dated 11.02.2022 with the permission granted to the appellant to seek clubbing of all the matters by way of transfer petition. The transfer petition which was also filed by the appellant being Transfer Petition (Civil) No. 874-898 of 2022 was also dismissed as withdrawn by order of Hon'ble Apex Court dated 11.05.2022.
7. Sri Trivedi further contended that it was after the dismissal of the Special Leave Petition and the Transfer Petition by the Apex Court that the present appeals were prepared and filed before this Court, thus, some delay has cropped up. He further contends that an important question arises for consideration before this Court under Section 58 of the Act.
8. Ms. Vatsala, learned counsel appearing for the respondent states that the appellant was well within the knowledge of the order passed by the Tribunal dated 30.07.2021 and three appeals being Rera Appeal No. 13 of 2021, 14 of 2021 and 15 of 2021 were preferred by the appellant before this Court which were in time but the present appeals have been deliberately not filed by the appellants and knowing the fact that limitation is going to expire, they had contested the matter before Hon'ble Apex Court and not filed the appeal.
9. I have heard respective counsel and perused the material on record.
10. With the consent of the parties, the delay condonation application filed in all the appeals are being decided by a common order and not by a specific order though there is delay in each of the appeals which ranges from 311 days to 350 days.
11. This Court at the very outset finds that stamp reporter has reported the delay in filing the appeal from 311 days to 350 days. The Hon'ble Apex Court in Suo Motu proceedings during covid period had extended the period of limitation for filing the appeals before various forums and Courts throughout the country and it extended the same till 30.05.2022.
12. Considering the facts that the limitation in the present matter also stood extended by orders of Hon'ble Apex Court till 30.05.2022, the appeals should have been filed by the appellant within the said period against the judgment of the Tribunal dated 30.07.2021.
13. This Court finds that as number of appeals were preferred by home buyers before the Lucknow Bench and some appeals were preferred by the appellant before this Court and the matter having been travelled to Hon'ble Apex Court against the interim order granted by Lucknow Bench in some of the appeals filed by the home buyers/allottees, the matter kept on pending and after the withdrawal of the appeals and transfer petitions by the appellant on 11.02.2022 and 11.05.2022 that the present appeals have been filed with the delay.
14. This Court finds that as important questions have been raised through the bunch of present appeals, the matter requires to be considered on merits and the same cannot be thrown out on the question of short delay in filing the appeals by the appellant.
15. Considering the facts and circumstances of the case, this Court further finds that there is delay of 60 to 90 days in filing the appeals. The said delay is hereby condoned.
16. Delay condonation application stands allowed.
17. Let office allot regular number to the appeals within 72 hours.
In Re: Rera Appeal
1. Put up this appeal in the additional cause list on 24.11.2022 at 2:00 p.m. Order Date :- 21.11.2022 V.S.Singh