Appeal against tribunal order became infructuous as complaint dismissed; dismissed as withdrawn.
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NC: 2024:KHC:19607-DB RERA.A No. 28 of 2021
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. 28 OF 2021
BETWEEN:
M/S SJR PRIME CORPORATION PVT LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT : 7TH FLOOR, 1 INDUSTRIAL LAYOUT, KORAMANGALA 7TH BLOCK, BENGALURU – 560 095,
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
REPRESENTED BY ITS AUTHORISED REPRESENTATIVE KOMALA REDDY.
…APPELLANT
(BY SRI. AJESH KUMAR.S.,ADVOCATE)
AND:
KORAMANGALA, NEAR BSNL OFFICE, BENGALURU- 560 034.
REPRESENTED BY ITS SECRETARY.
…RESPONDENTS
(BY SRI. VIJAYENDRA.D.JOSHI, ADVOCATE FOR R1,
SRI.I.S.DEVAIAH, ADVOCATE FOR R2)
THIS RERA.A FILED UNDER SECTION 100 OF CPC, R/W SECTION 58 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO:
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant states this appeal has been filed challenging the order of Real Estate Appellate Tribunal, wherein challenge was to the Order dated 07.11.2018 passed by the Authority. The said order has been set aside, by remanding the matter to the Authority. The Authority thereafter dismissed the complaint, as such the appeal has become infructuous.
He states the appellant shall approach the Tribunal for withdrawal of the amount deposited before the Tribunal by preferring an application before the Tribunal.
In view of the submission made by the counsel for the appellant, the appeal is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
SNC
List No.: 1 Sl No.: 8
1 issue framed by the court
Whether appeal should be withdrawn as infructuous after complaint dismissed
2 provisions across 2 enactments
M/S SJR Prime Corporation Pvt Ltd
Smt. Archana Patil
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
