Appellant / Complainant
Nikhilesh Kumar Mall
Respondent
Gorakhpur Development Authority
Partial
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 0901126003942021 by Nikhilesh Kumar Mall against Gorakhpur Development Authority before up_rera.
Delay condonation
The Tribunal condoned the delay in filing the appeal and modified the previous order to adjust the period for which the appellant is entitled to delay interest, specifically allowing for the deduction of the period from 17.12.2018 to 12.01.2021.
Delay condonation
The Tribunal adjourned the matter to 22.05.2025 to allow the appellant's counsel to review a precedent cited by the respondent, with a clarification that no further adjournments will be granted.
Delay condonation
The Tribunal noted the absence of both parties and adjourned the appeal to 08.05.2025, clarifying that no further adjournments will be granted.
Delay condonation
The Tribunal restored the appeal to its original number and scheduled a hearing for the application for condonation of delay on 15.04.2025, noting that no further adjournments will be granted.
Delay condonation
The Tribunal has scheduled the appeal for a hearing or order on March 19, 2025.
Delay condonation
The Tribunal granted a request to adjourn the appeal to 18.02.2025 and directed the parties to exchange pleadings in the interim.
Delay condonation
The Tribunal adjourned the proceedings and scheduled the appeal for hearing on the application for condonation of delay on 24.01.2025, while directing the appellant's counsel to provide case documents to the respondent's counsel.
Delay condonation
The Tribunal granted an adjournment to the respondent but issued a strict warning that no further adjournments will be permitted, stating that failure to appear on the next date (20.12.2024) will result in ex-parte proceedings.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and scheduled the matter for orders on 25.11.2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the matter for hearing on the application for condonation of delay on 17.10.2024.
For Order
The Tribunal has adjourned the matter and rescheduled the case for orders/hearing on 09.09.2024 due to the absence of both parties.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the defective appeal for orders on 05.07.2024.
For Order
The Tribunal noted that the appellant's counsel was unprepared and ordered the defective appeal to be listed on 10.05.2024 for consideration of the application for condonation of delay.
For Order
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant or their counsel.
For Order
The Tribunal adjourned the proceedings due to the absence of the applicant and scheduled the defective appeal for consideration of the delay condonation application on 21.02.2024.
For Order
The Tribunal issued a fresh notice to the respondent and provided specific procedural instructions for the applicant to serve the notice and documents via speed-post and email.
For Order
The Tribunal restored the dismissed appeal and directed the issuance of fresh notice to the respondent, while outlining specific procedural requirements for the applicant to serve the recall application via speed-post and email.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the case for orders/hearing on 06.07.2023.
Delay condonation
The appeal was dismissed for want of prosecution due to the non-appearance of the applicant and no request for adjournment.
Notice
The Tribunal directed the Respondent to file an objection to the delay condonation application and ordered the Appellant to upload the affidavit of service on the e-portal, scheduling the matter for February 1, 2023.
Notice
The Tribunal issued a notice to the respondent and directed the appellant to serve the appeal documents via speed-post and email, scheduling the matter for 21.11.2022 to address the application for condonation of delay.
Hearing
The Tribunal noted that the respondent had not been served and directed the issuance of a new notice, ordering the applicant to serve the respondent via speed-post and email before the next hearing on 31.10.2022.
Hearing
The Tribunal closed the Respondent's opportunity to file a reply to the grounds of appeal due to failure to do so and scheduled the defective appeal for further orders on 22.09.2022.
Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal and scheduled the matter for hearing on 25.08.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and provided the respondent one final opportunity to file a reply before proceeding ex-parte.
Delay condonation
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant and the presence of defects in the appeal.
Delay condonation
The Tribunal granted the appellant an extension of one week to take necessary steps and directed the issuance of notice to the respondent, with the matter listed for 12.04.2021.
For Order
The Tribunal directed the appellant to rectify defects and serve notice to the respondent, scheduling the next hearing for March 17, 2021, to address the application for condonation of delay.
For Order
The Tribunal granted the appellant one week to file a better affidavit in support of their application for condonation of delay and scheduled the matter for hearing on 17.02.2021.
For Order
The Tribunal granted the appellant's counsel an extension of two days to rectify procedural defects identified by the Registry and rescheduled the matter for 04.02.2021.
Tribunal Order #0901126003942021-22-05-2025
The Tribunal condoned the delay in filing the appeal and modified the previous order to adjust the period for which the appellant is entitled to delay interest, specifically allowing for the deduction of the period from 17.12.2018 to 12.01.2021.
Tribunal Order #0901126003942021-25-11-2024
The Tribunal granted an adjournment to the respondent but issued a strict warning that no further adjournments will be permitted, stating that failure to appear on the next date (20.12.2024) will result in ex-parte proceedings.
Tribunal Order #0901126003942021-21-02-2024
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant or their counsel.
Tribunal Order #0901126003942021-06-07-2023
The Tribunal restored the dismissed appeal and directed the issuance of fresh notice to the respondent, while outlining specific procedural requirements for the applicant to serve the recall application via speed-post and email.
Tribunal Disposal & Final Award Ruling
The Tribunal condoned the delay in filing the appeal and modified the previous order to adjust the period for which the appellant is entitled to delay interest, specifically allowing for the deduction of the period from 17.12.2018 to 12.01.2021. The appeal was dismissed for want of prosecution due to the non-appearance of the appellant or their counsel. Awarded in favor of Partial.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal condoned the delay in filing the appeal and modified the previous order to adjust the period for which the appellant is entitled to delay interest, specifically allowing for the deduction of the period from 17.12.2018 to 12.01.2021. The appeal was dismissed for want of prosecution due to the non-appearance of the appellant or their counsel.
Ruling Awarded To
Partial
Interest Period
from 30.04.2017 to 23.02.2021 after deducting the period of injunction order (25.03.2020 to 25.09.2020) and the period from 17.12.2018 to 12.01.2021
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N A
- Rajnish Kumar Tiwari
Respondent Advocate(s)
- Padmanabh Tiwari
Official RERA Tribunal Orders (4)
The Tribunal condoned the delay in filing the appeal and modified the previous order to adjust the period for which the appellant is entitled to delay interest, specifically allowing for the deduction of the period from 17.12.2018 to 12.01.2021.
The Tribunal granted an adjournment to the respondent but issued a strict warning that no further adjournments will be permitted, stating that failure to appear on the next date (20.12.2024) will result in ex-parte proceedings.
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant or their counsel.
The Tribunal restored the dismissed appeal and directed the issuance of fresh notice to the respondent, while outlining specific procedural requirements for the applicant to serve the recall application via speed-post and email.
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