Appellant / Complainant
Gobind Lal Khanna, Kapil Sethi
Respondent
Wave Megacity Centre Pvt. Limited
wave megacity centre pvt. limited
₹2,90,62,800
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 0901126015822020 by Gobind Lal Khanna, Kapil Sethi against Wave Megacity Centre Pvt. Limited before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order dated 18.03.2020, ruling it illegal and perverse for failing to address the project's non-registration status, and remanded the matter back to the Authority for a fresh decision.
Hearing
The Tribunal heard arguments from both parties, who noted that the issues are covered by a previous judgment; consequently, the judgment has been reserved.
Hearing
The appeal was adjourned to 04.07.2024 because the respondent was not present and the appellant's counsel requested leave to attend a High Court proceeding.
Hearing
The Tribunal granted the respondent a one-week extension to file objections to the amended appeal and directed that soft copies be shared with the appellant. The matter is scheduled for further orders/hearing on 06.05.2024.
Hearing
The Tribunal allowed the appellant's application to amend the grounds of appeal and add further prayers, directing the filing of an amended memo of appeal within one week.
Hearing
The Tribunal granted the respondent one week to file objections regarding a proposed amendment and scheduled the hearing for March 14, 2024.
Hearing
The Tribunal granted the appellant one week to amend the grounds of their appeal and directed the respondent to file objections within a subsequent week, scheduling the next hearing for February 20, 2024.
Hearing
The Tribunal granted a request for an urgent short date due to the age of the case and scheduled the appeal for hearing on 01.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work and rescheduled the hearing for 13.10.2023.
Hearing
The Tribunal has rescheduled the hearing of Appeal-298/2020 to 05.09.2023 based on a joint request from the counsels for both parties.
Hearing
The tribunal granted a request for adjournment from the respondent's counsel and rescheduled the appeal hearing to 25.05.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and adjourned the matter for a hearing scheduled on 13.04.2023.
Hearing
This is a procedural entry for Appeal-298/2020 before the U.P. Real Estate Appellate Tribunal, noting the presence of counsel for the appellant and the absence of counsel for the respondent.
For Order
The Tribunal granted permission for the appellant to file a Vakalatnama within 24 hours and scheduled the appeal for hearing on 21.02.2023.
For Order
This text is the header of a legal document from the U.P. Real Estate Appellate Tribunal involving an appeal by Gobind Lal Khanna and Kapil Sethi against M/S Wave Megacity Centre Pvt. Limited; no substantive ruling or directive is present in this excerpt.
Further Order
The Tribunal noted that pleadings have been exchanged and directed the parties to submit a list of dates, events, and relied-upon judgments before the next hearing on 14.10.2022.
Further Order
The Tribunal granted the appellant additional time to file an objection against a maintainability application and scheduled the next hearing for 13.09.2022.
Further Order
The Tribunal noted that the respondent's case was dismissed by the NCLT, Delhi, and directed the appellant to file an objection regarding the appeal's maintainability due to the project's non-registration with RERA.
Further Order
The Tribunal adjourned the matter to 04.08.2022 because the respondent-builder's case is currently pending before the NCLT with judgment reserved.
For Order
The Tribunal granted an adjournment at the request of both counsels due to pending proceedings before the NCLT and listed the case for hearing on 27.05.2022.
Further Order
The Tribunal granted an adjournment requested by the appellant's counsel due to the unavailability of the NCLT order and rescheduled the hearing for 22.03.2022.
Further Order
The parties conceded that the matter is currently pending before the NCLT; consequently, the Tribunal adjourned the case to 20.01.2022 for further orders.
Further Order
The Tribunal adjourned the matter to 24.12.2021 and directed the parties to submit the NCLT order once obtained.
Further Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the appeal for a hearing on 24.11.2021.
Hearing
The Tribunal penalized the respondent with a cost of Rs. 10,000 for defying previous orders and filing a preliminary objection instead of detailed objections, while permitting them to file the detailed objections today.
Tribunal Order #0901126015822020-29-09-2021
The Tribunal penalized the respondent with a cost of Rs. 10,000 for defying previous orders and filing a preliminary objection instead of detailed objections, while permitting them to file the detailed objections today.
Tribunal Order #0901126015822020-04-09-2024
The Tribunal set aside the Regulatory Authority's order dated 18.03.2020, ruling it illegal and perverse for failing to address the project's non-registration status, and remanded the matter back to the Authority for a fresh decision.
Tribunal Order #0901126015822020-04-08-2022
The Tribunal noted that the respondent's case was dismissed by the NCLT, Delhi, and directed the appellant to file an objection regarding the appeal's maintainability due to the project's non-registration with RERA.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order dated 18.03.2020, ruling it illegal and perverse for failing to address the project's non-registration status, and remanded the matter back to the Authority for a fresh decision. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order dated 18.03.2020, ruling it illegal and perverse for failing to address the project's non-registration status, and remanded the matter back to the Authority for a fresh decision.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 22.06.2017 till receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
- Aahuti Agarwal
Respondent Advocate(s)
- Amit Yadav
- Bal Kishor Verma
Official RERA Tribunal Orders (3)
The Tribunal penalized the respondent with a cost of Rs. 10,000 for defying previous orders and filing a preliminary objection instead of detailed objections, while permitting them to file the detailed objections today.
The Tribunal set aside the Regulatory Authority's order dated 18.03.2020, ruling it illegal and perverse for failing to address the project's non-registration status, and remanded the matter back to the Authority for a fresh decision.
The Tribunal noted that the respondent's case was dismissed by the NCLT, Delhi, and directed the appellant to file an objection regarding the appeal's maintainability due to the project's non-registration with RERA.
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