Appellant / Complainant
Eldeco Infrastructure and Properties Ltd.
Respondent
Arghya Kumar Dhali, U.P. Real Estate Regulatory Authority Lucknow
eldeco infrastructure and properties ltd.
Appellant
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126001492021 by Eldeco Infrastructure and Properties Ltd. against Arghya Kumar Dhali, U.P. Real Estate Regulatory Authority Lucknow before up_rera.
Hearing
The Tribunal set aside the Adjudicating Officer's order granting delay interest due to lack of jurisdiction, while allowing the respondent to refile the claim before the Regulatory Authority and directing the release of the appellant's deposited funds.
Hearing
The Tribunal granted a request by the appellant's counsel to list the matter on 19.11.2024 for orders.
Hearing
The Tribunal granted the appellant seven days to incorporate approved amendments into the memo of appeal using red ink and scheduled the next hearing for 23.10.2024.
Hearing
The Tribunal allowed the appellant's application (IA No. 1003/2024) to amend the grounds of appeal and directed the applicant to file a revised memo with amendments in red ink within seven days.
Hearing
The appeal is adjourned to 24.07.2024 because the counsel for the appellant was not prepared with his brief.
Hearing
The Tribunal has scheduled the appeal for orders on 29.04.2024 due to the appellant's counsel being out of station.
Hearing
The Tribunal has issued a routine order to list the appeal for hearing on 29.03.2024.
Hearing
The Tribunal noted that the matter had already proceeded ex-parte against the respondent and scheduled the appeal for a hearing/orders on 29.02.2024.
For Order
The Tribunal noted the illness of the appellant's counsel and scheduled the appeal for an ex-parte hearing on 12.09.2023, noting that proceedings had already proceeded ex-parte against the respondent.
Hearing
The Tribunal granted the appellant one week to file an application for amending the memo of appeal and scheduled the matter for further orders on 09.05.2023.
Hearing
The Tribunal noted that the matter proceeded ex parte against the respondent following notice publication and scheduled the appeal for an ex parte hearing on 28.03.2023.
Hearing
The Tribunal has scheduled the appeal for an ex parte hearing on 13.12.2022 due to the appellant's counsel being on sanctioned leave.
Hearing
The Tribunal issued a routine order noting that no time was left for the current session and rescheduled the appeal for hearing on 17.11.2022.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing of Appeal-19/2021 to 12.10.2022.
Hearing
The Tribunal adjourned the appeal to 14.09.2022 because the counsel for the appellant was unavailable in another forum.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing of Appeal-19/2021 to 30.08.2022.
Hearing
The Tribunal granted a request from the appellant's counsel to adjourn the hearing to the following day, August 25, 2022.
Hearing
The Tribunal adjourned the appeal to 24.08.2022 due to lack of time during the current session.
Hearing
The Tribunal granted a request by the appellant's counsel to adjourn the matter and rescheduled the appeal for hearing on 04.08.2022.
Hearing
The Tribunal decided to proceed ex-parte against the respondent due to their failure to appear despite notice via newspaper publication and email, and scheduled the case for an ex-parte hearing on 27.07.2022.
to file objections and its reply
This is a procedural order indicating that the list for the case has been revised.
to file objections and its reply
The Tribunal granted a request by the appellant's counsel to adjourn the hearing of Appeal-19/2021 to the following day, 22.07.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu directions regarding the COVID-19 pandemic and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted a final one-week extension for the appellant to file a better affidavit for condonation of delay, subject to a cost of Rs. 1,000/- to be used for the Legal Representatives' Library.
Delay condonation
The Tribunal proceeded ex parte against the respondent due to non-appearance following newspaper publication and granted the appellant one week to file a better affidavit for condonation of delay, listing the matter for 21.04.2022.
Delay condonation
The Tribunal declared service on the respondent sufficient following publication in a newspaper and proceeded to pass an ex-parte order due to the respondent's non-appearance.
Delay condonation
The Tribunal granted the appellant's counsel three days to file an affidavit of service and scheduled the next hearing for March 16, 2022.
Notice
The Tribunal granted a request from the appellant's counsel to list the defective appeal on 07.03.2022 following the publication of notice in a newspaper.
Notice
The Tribunal noted that notice had not been served upon the respondent and ordered that notice be published in a widely circulated daily newspaper, with the case listed for further orders on 12.01.2022.
Notice
The Tribunal noted that the respondent had not been duly served and ordered the issuance of fresh notice via Dasti, registered post, and e-mail, scheduling the matter for 10.12.2021.
Hearing
The Tribunal directed the appellant to issue notice to the respondent via registered post and email within one week due to failure to summon them, and scheduled the case for further orders on 18.11.2021.
Compliance of section 43(5)
The Tribunal adjourned the appeal to 02.04.2021 and directed the appellant's counsel to ensure complete compliance with Section 43(5) of the Act.
Notice
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the matter for 09.03.2021, while directing compliance with Section 43(5) of the Act.
Tribunal Order #0901126001492021-19-11-2024
The Tribunal set aside the Adjudicating Officer's order granting delay interest due to lack of jurisdiction, while allowing the respondent to refile the claim before the Regulatory Authority and directing the release of the appellant's deposited funds.
Tribunal Order #0901126001492021-06-05-2022
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu directions regarding the COVID-19 pandemic and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126001492021-21-04-2022
The Tribunal granted a final one-week extension for the appellant to file a better affidavit for condonation of delay, subject to a cost of Rs. 1,000/- to be used for the Legal Representatives' Library.
Tribunal Order #0901126001492021-09-03-2021
The Tribunal adjourned the appeal to 02.04.2021 and directed the appellant's counsel to ensure complete compliance with Section 43(5) of the Act.
Tribunal Order #0901126001492021-25-07-2022
The Tribunal decided to proceed ex-parte against the respondent due to their failure to appear despite notice via newspaper publication and email, and scheduled the case for an ex-parte hearing on 27.07.2022.
Tribunal Order #0901126001492021-16-03-2022
The Tribunal declared service on the respondent sufficient following publication in a newspaper and proceeded to pass an ex-parte order due to the respondent's non-appearance.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order granting delay interest due to lack of jurisdiction, while allowing the respondent to refile the claim before the Regulatory Authority and directing the release of the appellant's deposited funds. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order granting delay interest due to lack of jurisdiction, while allowing the respondent to refile the claim before the Regulatory Authority and directing the release of the appellant's deposited funds.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
- Vinay K Lakhani
Respondent Advocate(s)
- | Counsel for Appellant SAURABH MISRA VINAY K LAKHANI | | |
- | Counsel for Appellant SAURABH MISRA | Counsel for Appellant SAURABH MISRA | |
Official RERA Tribunal Orders (6)
The Tribunal set aside the Adjudicating Officer's order granting delay interest due to lack of jurisdiction, while allowing the respondent to refile the claim before the Regulatory Authority and directing the release of the appellant's deposited funds.
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu directions regarding the COVID-19 pandemic and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal granted a final one-week extension for the appellant to file a better affidavit for condonation of delay, subject to a cost of Rs. 1,000/- to be used for the Legal Representatives' Library.
The Tribunal adjourned the appeal to 02.04.2021 and directed the appellant's counsel to ensure complete compliance with Section 43(5) of the Act.
The Tribunal decided to proceed ex-parte against the respondent due to their failure to appear despite notice via newspaper publication and email, and scheduled the case for an ex-parte hearing on 27.07.2022.
The Tribunal declared service on the respondent sufficient following publication in a newspaper and proceeded to pass an ex-parte order due to the respondent's non-appearance.
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