Disposed

M/S Samkit Infracon v. Gujarat Real Estate Regulatory Authority

Gujarat HC8 Sept 2022SCA/6688/2022

Case brief

AI extract

What is this about?

Single-judge oral order disposing of an SCA challenging RERA's direction to decide preliminary objections alongside merits. Court settled a timeline for pleadings and submissions to ensure the RERA decides the underlying complaint by December 31, 2022.

What did the court decide?

Directed RERA to fix a timeline and decide the underlying complaint with reasoned order by December 31, 2022; present petition disposed of with no merits adjudication.

M/S Samkit Infracon Vs Gujarat Real… — Constitutional and Fundamental Rights | Gujarat HC (2022)

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C/SCA/6688/2022 ORDER DATED: 08/09/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 6688 of 2022

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M/S SAMKIT INFRACON

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Versus GUJARAT REAL ESTATE REGULATORY AUTHORITY

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Appearance:

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MR.VISHAL J DAVE(6515) for the Petitioner(s) No. 1,2 MS MANISHA L. SHAH, SENIOR ADVOCATE WITH MS SHRUTI S PATHAK(5619) for the Respondent(s) No. 1 PARITOSH R GUPTA(7583) for the Respondent(s) No. 2

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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 08/09/2022

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ORAL ORDER

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By way of this petition under Article 226 of the Constitution of India, the petitioners have challenged the interim-order dated 24.02.2022 passed by the Gujarat Real Estate Regulatory Authority, whereby upon petitioners raising preliminary objection, the authority by way of impugned order dated 24.02.2022 decided that the preliminary objection raised by the petitioners, who are the opponent before the authority, shall be decided alongwith final decision on merit of Complaint No.CMP/Ahmedabad/210107/000007.

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Page 1 of 4

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C/SCA/6688/2022 ORDER DATED: 08/09/2022

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Heard learned advocate Mr. Vishal Dave for the

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petitioners; learned Government Pleader Ms. Manisha Lavkumar Shah with learned advocate Ms. Shruti Pathak for the respondent no.1; and learned advocate Mr. Paritosh Gupta for the respondent no.2.

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It is the grievance of the petitioners that in a complaint preferred before the RERA authority being No.CMP/Ahmedabad/210107/000007 filed by the respondent no.2, the present petitioners, who are opponents in respect of that complaint raised certain preliminary objections, however, instead of deciding those preliminary objections, the RERA authority vide order dated 24.02.2022 passed an order taking a view that the preliminary objections raised by the present petitioners shall be decided alogn with final decision on merits of the complaint.

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The matter was heard at length today. However, in the end, learned advocate Mr. Vishal Dave appearing for the petitioners as well as learned advocate for the respondents

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Page 2 of 4

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C/SCA/6688/2022 ORDER DATED: 08/09/2022

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have arrived at consensus that if the RERA authority is decided to hear and decide the complaint No.CMP/Ahmedabad/210107/000007 within some time bound schedule, all the learned advocate appearing for the respective parties shall cooperate before the authority. Hence, following order is passed.

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(i) The petitioners, who are respondents before

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the RERA Authority, are directed to file reply before the authority on before 15.10.2022 and if any rejoinder that the respondent no.2 - original complainant wants to file, he shall file the same

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before 15.11.2022 before the RERA Authority.

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(ii) On completion of pleadings, if either-side wants to submit any written submissions or any judgments the parties are relying upon, they may file the same before the authority by serving a copy to the otherside latest by 30.11.2022.

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(iii) Once the pleadings are over and submissions/

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Page 3 of 4

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C/SCA/6688/2022 ORDER DATED: 08/09/2022

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arguments are filed before the authority, the RERA Authority shall decide the complaint being No.CMP/Ahmedabad/210107/000007 and decided the same by way of reasoned order dealing with all the contentions of both the sides latest by 31^st December 2022.

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5. With the aforesaid observation, the present petition stands disposed of.

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It is clarified that while disposing of this petition, this Court has not gone into the merits of the matter and therefore, the RERA authority is directed to decide the complaint filed before it on its own merits, independently without being influenced by the order passed by this Court.

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(NIRZAR S. DESAI,J)

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A. B. VAGHELA

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M/S Samkit Infracon v. Gujarat Real Estate Regulatory Authority

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M/S Samkit Infracon v. Gujarat Real Estate Regulatory Authority

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