Court No. - 45
Case :- WRIT - C No. - 6689 of 2021 Petitioner :- M/S Nirala Project Private Limited Respondent :- Uttar Pradesh Real Estate Regulatory Authority And Another Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- Wasim Masood
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Learned counsel for the petitioner fairly submits that the order impugned is appealable under Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016. He further submits that as the petitioner was pursuing the present writ petition, the appeal, if any, to be filed by it, would be barred by limitation and, therefore, the appellate authority be directed to decide the appeal to be filed by the petitioner, ignoring the point of limitation.
Counsel for the respondents has no objection to this proposition.
Petition is, accordingly, dismissed as withdrawn, with liberty to the petitioner to file an appeal before the appellate authority. In the eventuality of filing any appeal by the petitioner before the appellate authority, it is expected from the appellate authority to decide the same on merit, ignoring the point of limitation.
Order Date :- 28.10.2021 RKK/-