Dismissed¶8

M/S. Rajat Builders, v. Siddharth Kothari (Jain)

Chhattisgarh HC12 Nov 2024MA/137/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; MA No. 137 of 2024; decided 13.11.2024; Rajani Dubey J. (author), Bibhu Datta Guru J.; appeal dismissed at motion stage; interim relief/stay I.A. No. 01/2024 dismissed; impugned order 04.10.2024 Chhattisgarh Real Estate Appellate Tribunal Raipur Appeal No. Nil/2024; RERA order 07.08.2024 for Rs. 36,92,600/-; 70% pre-deposit Rs. 25,84,820/- with adjustment of Rs. 11,07,780/-; Section 43(5) Real Estate (Regulation and Development) Act 2016; no illegality found in Tribunal's discretionary order; respondents represented by none; advocate Mayank Kumar for appellants; neutral citation 2024:CGHC:44118-DB.

What did the court decide?

None; interim relief/stay (I.A. No. 01/2024) refused and the appeal dismissed at the motion stage without issuing notice to the parties. ¶8

M/S. Rajat Builders, Vs Siddharth Kothari (Jain) — Chhattisgarh HC (2024) — LawSathi Research

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2024:CGHC:44118-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MA No. 137 of 2024

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1 - M/s. Rajat Builders, Through Ajnay Surana (Partner), Address- Near Shiv Mandir, Shivpara, Durg (C.G.).

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2 - Anjay Surana S/o Shri Phoolchand Surana, aged about 57 years; Address-Near Shiv Mandir, Shivpara, Durg (C.G.), Present Address-Sharda Talkies, Indira Market, Durg (C.G.).

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3 - Rajat Surana S/o Shri Anjay Surana, aged about 32 years; Address-Near Shiv Mandir, Shivpara, Durg (C.G.), Present Address-Sharda Talkies, Indira Market, Durg (C.G.)

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... Appellants

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Versus

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1 - Siddharth Kothari (Jain) S/o Shri Suresh Kothari (Jain), R/o Hig 160, Padmanabhpur, District-Durg (C.G.).

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2 - Nehru Lal Munda S/o Shri Mohanlal Munda, R/o Polsaipara, District-Durg (C.G.)

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... Respondents

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For Appellants : Mr. Mayank Kumar, Advocate. For Respondents : None.

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Hon'ble Smt. Justice Rajani Dubey, J. Hon’ble Shri Justice Bibhu Datta Guru, J.

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Order on Board

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Per, Rajani Dubey, J. 13.11.2024

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This appeal is directed against the order dated 04.10.2024 passed by the Chhattisgarh Real Estate Appellate Tribunal, Raipur in Appeal No. Nil/2024 , whereby the appellant was directed to deposit remaining amount of Rs. 14,77, 040/- till the next date of hearing.

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Heard on. I. A. No. 01/2024, which is an application for grant of interim relief/stay.

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Learned counsel for the appellants submits that the Learned Appellate Tribunal without applying its mind, without giving any cogent reasons and speaking order passed the impugned order directing the appellant to deposit 40% more amount of Rs. 36,92,600/- despite the fact the appellant has bonafidely deposited 30% of the amount i.e., Rs. 11,07,780/- in compliance of the provision of Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016 for the purpose of admission and registration of their appeal before the Learned Appellate Tribunal.

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Learned counsel for the appellants further submits that the appellants have the prima facie good case in his favour and have a chance of success in the appeal. Therefore, the effect and

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operation of the impugned order may be stayed till the final disposal of this appeal.

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Heard learned counsel for the appellants, it is clear from the impugned order and other documents that the learned RERA passed order on 07.08.2024 against the appellant for depositing Rs. 36,92,600/-. Against this order the appellant filed the appeal before Real Estate Appellate Tribunal, Raipur and the learned Appellate Tribunal directed the appellants to deposit 70 % of the amount.

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It is clear from this order that the learned Appellate Tribunal passed order for depositing 70% of directed amount of Rs. 36,92,600/- i.e., Rs. 25,84,820/- and also directed that deposited amount Rs. 11,07,780/- be adjusted in that amount.

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We do not find any illegality or irregularity in this order and the learned Appellate Tribunal passed this order on its own discretion.

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Accordingly, I. A. No. 01/2024 is dismissed and this appeal is also dismissed at the motion stage itself without issuing notice to the parties.

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Sd/Sd/(Rajani Dubey) (Bibhu Datta Guru) Judge Judge

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Uttej

M/S. Rajat Builders, v. Siddharth Kothari (Jain)

Case brief

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M/S. Rajat Builders, v. Siddharth Kothari (Jain)

Case brief

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