RERA appeal filed under Section 58 of the Real Estate (Regulation and Development) Act challenging a K-REAT judgment was withdrawn after parties settled the dispute via Joint Settlement Memo dated 17.08.2023.
Appeal permitted to be withdrawn in view of joint settlement between the parties; dismissed as withdrawn.
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NC: 2024:KHC:19574-DB RERA.A No. 14 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI RERA APPEAL NO.14 OF 2022
BETWEEN:
SHRIVISION TOWERS PRIVATE LIMITED, NO.31, 2ND MAIN,T.CHOWDAIAH ROAD, SADSHIVNAGAR, BENGALURU – 560 080,
REPRESENTED BY ITS AUTHORISED SIGNATORY SRI NAVEEN KUMAR
…APPELLANT
(BY SRI. ARVIND GHIMIRAY, ADVOCATE FOR JOSEPH ANTHONY)
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
AND:
NC: 2024:KHC:19574-DB RERA.A No. 14 of 2022
MISSION ROAD, BANGALORE – 560 027,
REPRESENTED BY ITS SECRETARY.
…RESPONDENTS
(BY SRI.RAJASHEKHAR.K, ADVOCATE FOR R2)
THIS RERA.APPEAL IS FILED UNDER SECTION 58 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO
A) ISSUE AN ORDER OR DIRECTION TO SET ASIDE THE IMPUGNED JUDGMENT DATED 15/11/2021 IN APPEAL (K-REAT) NO. 28/2021 (ANNEXURE-A), OR
B) IN THE ALTERNATIVE, REMAND THE MATTER TO THE FILE OF THE K-REAT, THEREBY DIRECTING THE K-REAT TO PERMIT THE APPELLANT HEREIN TO ADVANCE ARGUMENTS AND PROSECUTE THE SAID APPEAL WITHOUT THE REQUIREMENT TO MAKE THE DEPOSIT OF SEVENTY PERCENT (70) OF THE AMOUNT AS AWARDED BY RESPONDENT NO.3 TO RESPONDENT NO.1, AND RESPONDENT NO.2. AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY, V KAMESWAR RAO J ., DELIVERED THE FOLLOWING:
JUDGMENT
appellant has filed a memo of withdrawal which reads as under :
“The counsel undersigned craves leave of this Hon’ble Court to withdraw the instant appeal in view of the parties having settled the dispute, by way of Joint Settlement Memo dated August 17, 2023, thereby putting to rest all claims and contentions. Hence, it is most respectfully prayed that this Hon’ble Court may be pleased to dispose of the appeal as withdrawn, in view of the settlement arrived at between the parties, in the interest of justice and equity”
also the submission made by the counsel, the appeal is dismissed as withdrawn.
Sd/-
JUDGE
Sd/JUDGE
SNC List No.: 1 Sl No.: 10
1 provisions across 1 enactments
SHRIVISION TOWERS PRIVATE LIMITED
MR. NEELESH KUMAR GUPTA
THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
