Dismissed

M/S Supertech Limited v. Uttar Pradesh Real Estate Regulatory Authority and 3 Others

Allahabad HC24 Nov 2021WRIC/15980/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a RERA refund order, noting the issues were already settled by the Apex Court. However, the Court observed that the petitioner had bypassed the statutory appeal remedy under Section 43(5) of the RERA Act and allowed the petitioner to approach the Tribunal if they comply with the pre-deposit condition.

What did the court decide?

The petitioner may approach the Appellate Tribunal within 30 days if they comply with the pre-deposit condition under Section 43(5).

M/S Supertech Limited Vs Uttar Pradesh Real… — Writ and Judicial Review | Allahabad HC (2021)

¶1

Court No. - 29

¶2

Case :- WRIT - C No. - 15980 of 2019

¶3

Petitioner :- M/S Supertech Limited Respondent :- Uttar Pradesh Real Estate Regulatory Authority And 3 Others Counsel for Petitioner :- Prashant Vardhan Counsel for Respondent :- C.S.C.,A.S.G.I.,Avinash Chandra Srivastava,Wasim Masood

¶4

Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.

¶5

Shri Prashant Vardhan, learned counsel for the petitioner, Shri Wasim Masood, learned counsel appearing for the respondent No.1 and learned Standing Counsel, who has accepted notice of the writ petition on behalf of the respondent No.2. The notice of respondent No. 4 is dispensed with in view of the order being passed by us.

¶6

The writ petitioner is a promoter of a Group Housing Project in the name and style of "M/s Supertech Township Project Limited" having its office at Supertech House, B-28-29, Sector58, Noida, Gautam Budh Nagar-201301. The project is registered with the Real Estate Regulatory Authority.

¶7

The challenge in the writ petition is to an order dated 22.12.2018 passed by the U.P. Real Estate Regulatory Authority (RERA) whereby and whereunder the Complaint No. 120186211 filed by the respondent No. 4 (Home Buyer) under Section 18 read with Section 31 of the Real Estate (Regulation and Development) Act, 2016 has been allowed and the petitioner has been directed to refund the entire amount along with interest @ MCLR + 1% from the date of deposit till the date of the order.

¶8

Shri Wasim Masood, learned counsel for the respondent No. 1 points out that the order dated 22.12.2018 is appealable under Section 43 (5) of the Act, provided the statutory compliance of the pre-deposit being made under the proviso to Section 43 (5) before the Appellate Tribunal constituted under the Act and the writ petition is not maintainable. The petitioner is liable to be relegated to avail the remedy of Appeal.

¶9

The challenge to the order dated 22.12.2018 is on the ground that the respondent No. 1 lacked the jurisdiction to pass the order of refund of the amount. Certain ancillary issues regarding the mode and manner of the recovery proceedings

¶10

have also been raised in the writ petition.

¶11

We have heard the respective submissions of the parties and have perused the record. We find that the issues raised in the writ petition are no longer 'Res Integra' and stand decided by the Hon'ble Apex Court in its recent judgment in the case of M/s Newtech Promoters and Developers Pvt. Ltd. Vs. State of U.P. & others (Civil Appeal No.(s) 6745-6749 of 2021 arising out of SLP (Civil ) No.(s) 3711-3715 of 2021 . Consequently, the writ petition lacks merit and is, accordingly, dismissed.

¶12

However, we find that the petitioner had bypassed the remedy of Appeal before the Appellate Tribunal and had rushed to this Court without exhausting the remedy of the statutory Appeal under Section 43 (5) of the Act. If the petitioner intends to prefer an Appeal against the order impugned, it may be open for him to challenge the same within 30 days from today provided the petitioner complies with the condition of pre-deposit, as contemplate under the proviso to Section 43(5) of the Act. The Appellate Tribunal may proceed to decide the same on merit ignoring the aspect of limitation in accordance with law.

¶13

Order Date :- 24.11.2021 Ravi Prakash

M/S Supertech Limited v. Uttar Pradesh Real Estate Regulatory Authority and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Supertech Limited v. Uttar Pradesh Real Estate Regulatory Authority and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Govind Singh and Another Vs State of U.P. and 2 Others

Harish Singh Vs State of U.P. and 4 Others

M/S Mangalmay Foundation Trust Vs State of U.P. and 3 Others

M/S Supertech Township Project Limited Vs Uttar Pradesh Real Estate Regulatory Authority and 3 Others

Jaipal Singh Vs State of U.P. and Another

Rama Devi Vs State of U.P. and 2 Others