Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Mahesh Kumar Sharma
Respondent
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 0901126016252020 by Greater Noida Industrial Development Authority against Mahesh Kumar Sharma before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to deliver possession and pay interest (MCLR+1%) for delay. The Tribunal further directed that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Hearing
The Tribunal heard arguments regarding an appeal by Greater Noida Industrial Development Authority against a Regulatory Authority order concerning delayed possession and interest payments. The judgment has been reserved pending a decision on whether 'force majeure' applies to the delay.
For Order
The Tribunal denied a request for adjournment based on lack of instructions and scheduled the matter for final hearing on 18.07.2023, warning that no further adjournments will be granted.
Ex-Parte
The court granted an adjournment requested by the appellant's counsel due to illness and rescheduled the appeal for hearing on 23.05.2023.
Ex-Parte
The Tribunal noted the absence of the appellant's counsel due to sanctioned leave and adjourned the appeal for hearing to 17.04.2023.
Ex-Parte
The court granted an adjournment requested by the appellant's counsel due to medical reasons and rescheduled the matter for orders on 02.02.2023.
Ex-Parte
The Tribunal adjourned the appeal due to the appearance of counsel for the appellant and the absence of the respondent, rescheduling the matter for 30.01.2023.
Ex-Parte
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the appeal for hearing on 20.12.2022.
Exchange of pleadings
The Tribunal directed the parties to exchange and submit a list of dates, events, and relied-upon judgments before the next hearing date.
Exchange of pleadings
The Tribunal directed the appellant to file a list of dates, events, and relied-upon judgments, and scheduled the appeal for hearing on 15.09.2022.
Hearing
The Tribunal directed both parties to exchange lists of dates, events, and relied-upon cases at least 10 days before the next hearing, which is scheduled for 18.08.2022.
Hearing
The Tribunal closed the appellant's opportunity to file a replication due to non-compliance and directed the appellant to pay costs previously ordered on 21.12.2021.
Hearing
The Tribunal directed the appellant to file a replication to the respondent's reply, if desired, and scheduled the case for hearing on 28.04.2022.
Further Order
The Tribunal granted the appellant a final 10-day extension to file a reply to the respondent's objection and scheduled the next hearing for March 23, 2022.
Further Order
The Tribunal granted an adjournment requested by the appellant's counsel due to illness but imposed a cost of Rs. 5,000 to be paid to the respondent for failing to provide timely notice of the adjournment.
Delay condonation
The Tribunal allowed the application for condonation of delay in filing the appeal, subject to a cost of Rs. 2000/-, and directed the case to be registered as a Regular Appeal.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the matter for 24.11.2021 to dispose of the limitation application.
Delay condonation
The Tribunal directed the parties to exchange pleadings and file originals with the Registry at least one week before the next hearing date, which is scheduled for 26.10.2021.
For Order
The tribunal adjourned the defective appeal to 16.03.2021 due to an advocate strike by the Oudh Bar Association and directed the applicant's counsel to file a reply to any objections.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and directed both parties to upload their filings on the e-portal before the next hearing on 26.02.2021.
Tribunal Order #0901126016252020-18-07-2023
The Tribunal heard arguments regarding an appeal by Greater Noida Industrial Development Authority against a Regulatory Authority order concerning delayed possession and interest payments. The judgment has been reserved pending a decision on whether 'force majeure' applies to the delay.
Tribunal Order #0901126016252020-21-07-2023
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to deliver possession and pay interest (MCLR+1%) for delay. The Tribunal further directed that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126016252020-24-11-2021
The Tribunal allowed the application for condonation of delay in filing the appeal, subject to a cost of Rs. 2000/-, and directed the case to be registered as a Regular Appeal.
Tribunal Order #0901126016252020-29-04-2022
The Tribunal closed the appellant's opportunity to file a replication due to non-compliance and directed the appellant to pay costs previously ordered on 21.12.2021.
Tribunal Order #0901126016252020-21-12-2021
The Tribunal granted an adjournment requested by the appellant's counsel due to illness but imposed a cost of Rs. 5,000 to be paid to the respondent for failing to provide timely notice of the adjournment.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to deliver possession and pay interest (MCLR+1%) for delay. The Tribunal further directed that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to deliver possession and pay interest (MCLR+1%) for delay. The Tribunal further directed that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 17.08.2012 to 30.04.2016 and from 01.05.2016 to 29.03.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ajay Kumar Gupta
Respondent Advocate(s)
- Vijay Kumar Singh
Official RERA Tribunal Orders (5)
The Tribunal heard arguments regarding an appeal by Greater Noida Industrial Development Authority against a Regulatory Authority order concerning delayed possession and interest payments. The judgment has been reserved pending a decision on whether 'force majeure' applies to the delay.
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to deliver possession and pay interest (MCLR+1%) for delay. The Tribunal further directed that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal allowed the application for condonation of delay in filing the appeal, subject to a cost of Rs. 2000/-, and directed the case to be registered as a Regular Appeal.
The Tribunal closed the appellant's opportunity to file a replication due to non-compliance and directed the appellant to pay costs previously ordered on 21.12.2021.
The Tribunal granted an adjournment requested by the appellant's counsel due to illness but imposed a cost of Rs. 5,000 to be paid to the respondent for failing to provide timely notice of the adjournment.
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