Appellant / Complainant
Akhilesh Kumar Yadav
Respondent
Mahaluxmi Built Tech Ltd
mahaluxmi built tech 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 0901126019522021 by Akhilesh Kumar Yadav against Mahaluxmi Built Tech Ltd before up_rera.
Hearing
The Tribunal set aside the RERA Authority's order dismissing execution proceedings, ruling that the executing authority cannot adjudicate on merits or go beyond a decree that has attained finality. The appeal was allowed, and the execution case was restored with a directive to conclude proceedings expeditiously within three months.
Hearing
The Tribunal granted the respondent a final 7-day extension to file their vakalatnama and scheduled the matter for hearing on 16.10.2024.
Hearing
The Tribunal adjourned the proceedings because the respondent failed to file a Vakalatnama as previously requested, rescheduling the matter for hearing on 13.09.2024.
Hearing
The Tribunal granted the respondent one week to file a vakalatnama and scheduled the appeal for further orders/hearing on 09.08.2024.
Hearing
The Tribunal adjourned the proceedings because the respondent's counsel had no instructions and no new vakalatnama was filed; the matter is listed for hearing on 19.07.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the hearing for 04.07.2024.
Hearing
The Tribunal granted a request by the appellant's counsel to conduct further research and adjourned the proceedings to 07.05.2024.
Hearing
The Tribunal granted a request for adjournment from both parties and rescheduled the appeal for hearing/orders on 08.04.2024.
Hearing
The appeal is adjourned to 05.03.2024 for orders/hearing due to the reported illness of the appellant's counsel.
Hearing
The Tribunal closed the respondent's opportunity to file objections to the grounds of appeal due to failure to comply with a previous deadline, while allowing them to proceed with submissions based on existing records.
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work, rescheduling the hearing for 19.09.2023.
Hearing
The Tribunal granted the respondent a final 10-day extension to file objections to the appeal, noting that failure to do so by the next hearing will result in the forfeiture of their right to file objections.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the matter for hearing on 10.05.2023.
Hearing
The appellant's counsel requested and was granted a one-week extension to ensure compliance with the previous order dated 15.02.2023, with the matter scheduled for hearing on 29.03.2023.
Hearing
The Tribunal granted the appellant one week's time to file an application regarding the execution of a previous order from the Regulatory Authority and scheduled the next hearing for 01.03.2023.
Hearing
The Tribunal has revised the list and adjourned the matter, scheduling the appeal for hearing on 13.01.2023 due to similar issues being listed on that date.
Delay condonation
The Tribunal granted the appellant's counsel time to prepare his brief and adjourned the appeal for hearing to 22.12.2022.
Delay condonation
The Tribunal has adjourned the matter and scheduled it for a subsequent hearing on November 25, 2022.
For Order
The Tribunal adjourned the proceedings to 23.11.2022 because the respondent's counsel is on sanctioned leave.
Hearing
The Tribunal closed the respondent's opportunity to file objections due to their failure to comply with a previous undertaking to submit them within three days.
For Order
The Tribunal granted the respondent three days to upload objections on the portal and email them to the appellant, with the matter scheduled for hearing on 12.10.2022.
Hearing
The Tribunal granted the appellant 10 days to file a reply to objections and directed the respondent's counsel to upload said objections to the e-portal before the next hearing scheduled for 12.09.2022.
Hearing
The Tribunal directed the appellant to provide copies of the memo of appeal to the respondent's counsel and scheduled the matter for hearing on 18.08.2022 following the respondent's acceptance of notice.
Delay condonation
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant and the absence of any request for adjournment.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and directed the filing of an affidavit of service in the interim.
Notice
The Tribunal noted the appellant's submission regarding service of notice and adjourned the matter to 03.02.2022.
Notice
The Tribunal issued fresh dasti summons to the respondent due to improper service via post and scheduled the matter for hearing on 10.01.2022.
Delay condonation
The Tribunal condoned a 56-day delay in filing the appeal by applying the Supreme Court's Suo Motu guidelines and directed the Registry to convert the defective appeal into a regular appeal.
Hearing
The Tribunal granted the respondent one additional opportunity to appear and scheduled the matter for 18.11.2021 to address the limitation application and any objections.
Defect Removal
The Tribunal issued notice to the respondent via registered post and e-mail and scheduled the matter for 24.09.2021 to address the limitation application.
Tribunal Order #0901126019522021-19-09-2023
The Tribunal closed the respondent's opportunity to file objections to the grounds of appeal due to failure to comply with a previous deadline, while allowing them to proceed with submissions based on existing records.
Tribunal Order #0901126019522021-12-10-2022
The Tribunal closed the respondent's opportunity to file objections due to their failure to comply with a previous undertaking to submit them within three days.
Tribunal Order #0901126019522021-16-10-2024
The Tribunal set aside the RERA Authority's order dismissing execution proceedings, ruling that the executing authority cannot adjudicate on merits or go beyond a decree that has attained finality. The appeal was allowed, and the execution case was restored with a directive to conclude proceedings expeditiously within three months.
Tribunal Order #0901126019522021-18-11-2021
The Tribunal condoned a 56-day delay in filing the appeal by applying the Supreme Court's Suo Motu guidelines and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the RERA Authority's order dismissing execution proceedings, ruling that the executing authority cannot adjudicate on merits or go beyond a decree that has attained finality. The appeal was allowed, and the execution case was restored with a directive to conclude proceedings expeditiously within three months. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the RERA Authority's order dismissing execution proceedings, ruling that the executing authority cannot adjudicate on merits or go beyond a decree that has attained finality. The appeal was allowed, and the execution case was restored with a directive to conclude proceedings expeditiously within three months.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Maneesh Kumar Singh
Respondent Advocate(s)
- Harish Pandey
- Saurabh Misra
- Priyam Sinha
Official RERA Tribunal Orders (4)
The Tribunal closed the respondent's opportunity to file objections to the grounds of appeal due to failure to comply with a previous deadline, while allowing them to proceed with submissions based on existing records.
The Tribunal closed the respondent's opportunity to file objections due to their failure to comply with a previous undertaking to submit them within three days.
The Tribunal set aside the RERA Authority's order dismissing execution proceedings, ruling that the executing authority cannot adjudicate on merits or go beyond a decree that has attained finality. The appeal was allowed, and the execution case was restored with a directive to conclude proceedings expeditiously within three months.
The Tribunal condoned a 56-day delay in filing the appeal by applying the Supreme Court's Suo Motu guidelines and directed the Registry to convert the defective appeal into a regular appeal.
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