Counsel for the appellant argued that the Tribunal erred in rejecting the delay condonation application without addressing jurisdictional defects and that the impugned order was coram non-judice due to bench composition. Notice was issued to the respondent for hearing.
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Court No. - 19
Case :- RERA APPEAL No. - 46 of 2024
Appellant :- M/S Pan Realtors Pvt. Ltd., New Delhi Thru. Authorized Representative, Mr. Rajneesh Kumar, Sitapur Respondent :- Mrs. Neela Chavhan Counsel for Appellant :- Shankar Dayal Jaiswal,Adarsh Pratap Singh,Rohit Jaiswal
Hon'ble Manish Mathur,J.
Heard learned counsel for the appellant.
Admit on the following substantial question of law:
A. c) Whether the learned Real Estate Appellant Tribunal committed an error of law while rejecting appellant's delay condonation application, vide impugned order dated 29.05.2024 without giving any reason for not considering the fact that the U.P. RERA itself admitted in its subsequent orders dated 08.06.2022, in other complaints, that it does not have jurisdiction over appellant's "PAN OASSIS" project wherein flat in dispute is situated, and its impugned order dated 07.07.2020 is nullity and non-est.
B. d) Whether the impugned order dated 29.05.2024 is coramnon-judice because it is passed by the Bench comprising the Chairman of the Learned Tribunal (who is a judicial member) alongwith the other Judicial member but as per section 43(3) of the Act and Regulation 6(v) of U.P. Real Estate Appellant Tribunal Regulation 2019 an appeal should be heard only by a Bench comprising a judicial member and a technical or administrative member.
Issue notice to the respondent.
List this case on 16th January 2025 as fresh, alongwith service report.
Order Date :- 3.12.2024 Reena/-
(Manish Mathur,J.)
Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the Real Estate Appellant Tribunal committed an error of law while rejecting the appellant's delay condonation application without considering the Tribunal's lack of jurisdiction over the proj
Whether the impugned order dated 29.05.2024 is coram non-judice as it was passed by a bench comprising two judicial members instead of a judicial and a technical or administrative member under Section
2 provisions across 2 enactments
M/S Pan Realtors Pvt. Ltd.
Mrs. Neela Chavhan
Manish Mathur
As recorded by the court registry
18 orders share this CNR
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