In an undefinable appeal, the court dismissed the matter as not maintainable because a Special Appeal on the same subject was already pending before the Tribunal below. The court directed the Tribunal to decide the pending appeal expeditiously.
The appeal was dismissed. The Tribunal below was directed to decide the pending Special Appeal expeditiously.
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Appeal Dy. No. 876/2022 Date: 09.02.2023
Neha Gupta Vs. Housing Development Finance Corporation Ltd.
Present: Shri V. K. Ojha, counsel for the appellant, Shri Bharat Kant, counsel for the respondent,
Learned counsel for the respondent submits that the appellants has filed a false affidavit before the ADM, Aligarh stating therein that the interim order has been passed by this Tribunal and on that basis, advantage has been taken by the appellant and the possession, which was scheduled to be taken on 29.11.2022, could not take place, but the fact is that no interim protection has been granted by this Tribunal vide order dated 15.11.2022 in favour of the appellant, therefore, the present appeal is not maintainable.
In view of the above submissions made by the learned counsel for the respondent and the fact that the S.A. No. 30/2022 filed by the appellant is pending before the Tribunal below, which is fixed for 16.02.2023, the present appeal is dismissed and there is no doubt that the Tribunal below shall consider and decide the said S.A. most expeditiously in accordance with law preferably on the next date fixed.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether the appeal is maintainable when the underlying Special Appeal is pending before the Tribunal below.
Neha Gupta
Housing Development Finance Corporation Ltd.
R. D. Khare
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
