Court No. - 7
Case :- RERA APPEAL No. - 6 of 2021 Appellant :- M/S G.S. Promoters Pvt Ltd Respondent :- Mayank Jain Counsel for Appellant :- Anubhav Singh Counsel for Respondent :- Ashish Malhotra
Hon'ble Ajit Kumar,J.
Case called out.
Learned counsel for the appellant is present. However, no one has put in appearance on behalf of the respondent.
By means of this appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016, the appellant has challenged the judgment and order dated 09.02.2021 passed by U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No. D37 of 2021 (M/s. G.S. Promoters Vs. Mayank Jain & others), whereby, the appellate Tribunal has declined to entertain the appeal on the ground that the compliance of Section 43(5) of the Act has not been made by the appellant who was directed to deposit the amount by the Rera Authority vide order dated 25.05.2018.
It is submitted by learned counsel for the appellant that the recovery citation was issued pursuant to the order passed by Rera Authority for a sum of Rs. 44,29,942.65 which included the interest part as well, which has come to be paid by the appellant and the acknowledgement to this effect is contained in the order of Secretary of the Rera Authority dated 01.08.2019 and 18.12.2019.
Learned counsel for the appellant has drawn attention of the Court towards cheque of Rs. 4,18,000/- dated 01.10.2021 drawn in favour of opposite party for the compensation.
Per contra, it is submitted by learned counsel for the opposite party that the entire interest amount has yet not been paid w.e.f. 01.04.2019 @ 24%, but he admits that in respect thereof no recovery has been issued by the authority concerned till date in purported exercise of power under Section 40 of Rera Act.
Having heard learned counsel for the parties, I find that it was always open for the Rera authority to have issued recovery citation indicating therein the amount due to be paid by the appellant to the opposite party and it is admitted between the parties that whatever the recovery citation issued has been duly met by the present appellant.
In such above view of the matter, therefore, I do not find any justification on the part of the Tribunal in not entertaining the appeal and deciding the same.
In view of the above, therefore, since the appellant has met the liability as per the order and the citation issued for payment of principle amount and interest due there upon, I do not find any good ground to sustain the order passed by the appellate Tribunal and accordingly the order dated 09.02.2021 passed by the appellate Tribunal is hereby set aside. The appellate Tribunal is directed to hear the appeal on its own merits and decide the same as expeditiously as possible including the question of delay in filing the appeal.
In the meanwhile it is also provided that setting aside of the judgment of Tribunal will not come in the way of the Rera Authority in pursuing such recovery towards the amount as might be due upon appellant to be paid to the opposite party.
The cheque of the compensation amount drawn in favour of respondent on 01.10.2021 shall be submitted before the appellate Tribunal to be handed over to the opposite party on the very first day of hearing.
It is however, made clear that this order has been passed in special facts and circumstances of the case and shall not be treated as a binding precedent.
With the aforesaid observations and directions, this appeal is allowed.
Order Date :- 7.10.2021 IrfanUddin