Appellant / Complainant
Ghaziabad Development Authority
Respondent
Divik Sharma
Appellant
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 0901126028732021 by Ghaziabad Development Authority against Divik Sharma before up_rera.
Further Order
The Tribunal dismissed the appeal as withdrawn following an amicable settlement between the parties and directed the release of the amount deposited by the appellant promoter under Section 43(5) of the Act 2016, including any accrued interest.
Further Order
The Tribunal has granted a request to list the appeal for orders or hearing on January 27, 2025.
Further Order
The Tribunal granted a request from the appellant's counsel to list the appeal for orders or hearing on 22.01.2025.
Hearing
The Appellant (Ghaziabad Development Authority) provided an undertaking to release the entire amount due to the Respondent by the end of the month, which the Tribunal accepted and recorded.
Hearing
The parties informed the Tribunal that they are attempting an out-of-court settlement; consequently, the matter is adjourned to 21.11.2024 for orders.
Hearing
The Tribunal granted an adjournment requested by both counsels as the parties are pursuing an amicable settlement; the matter is rescheduled for hearing on 18.10.2024.
Hearing
The Tribunal granted an adjournment as the parties are currently engaged in settlement proceedings, listing the case for orders on 10.09.2024 along with a cross-appeal.
Hearing
The Tribunal granted an adjournment as both parties informed the court that a settlement process is currently in progress. The matter is scheduled to be listed on 07.08.2024 along with Cross Appeal No. D467 of 2023.
Hearing
The Tribunal adjourned the proceedings following a joint request from counsel, noting ongoing negotiations for an amicable settlement between the parties.
Hearing
The Tribunal adjourned the proceedings to 10.04.2024 to allow the parties to pursue an amicable settlement through ongoing negotiations.
Hearing
The Tribunal adjourned the proceedings to allow for a potential amicable settlement between the parties and scheduled the matter for orders on 19.03.2024.
Hearing
The Tribunal granted the appellant 10 days to seek instructions and file objections, directing that the current appeal be listed alongside the cross-appeal (D467/2023) on 26.02.2024.
Hearing
The Tribunal adjourned the proceedings to 13.10.2023 in consideration of a resolution by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work.
Hearing
The Tribunal directed the respondent to provide a copy of the cross-appeal and set a timeline for the appellant to file objections and replies before the next hearing on 05.09.2023.
Hearing
Upon the joint request of the counsel for both parties, the appeal has been adjourned and listed for hearing on August 24, 2023.
Hearing
The proceedings for Appeal-509/2021 between Ghaziabad Development Authority and Divik Sharma were adjourned on 27.04.2023.
Hearing
The Tribunal granted a joint request from the counsels of both parties to adjourn the matter and listed the appeal for hearing on 04.11.2022.
Hearing
The Tribunal granted an adjournment request from the appellant's counsel and scheduled the appeal for a hearing on 27.09.2022.
Hearing
The Tribunal directed the parties to submit a list of dates, events, and relied judgments, and adjourned the appeal to 02.09.2022 for hearing.
Hearing
The Tribunal granted the appellant ten days to file a reply to the respondent's objections and scheduled the next hearing for August 4, 2022.
For Order
The Tribunal granted the appellant a three-day extension to file a reply to the respondent's objections and directed the submission of the reply via email and the e-portal.
Further Order
The Tribunal granted the appellant one week to file a reply to the respondent's objections and directed that a soft copy be emailed to the respondent, subsequently scheduling the next hearing for 04.07.2022.
Further Order
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for 18.05.2022.
Further Order
The Tribunal directed the respondent to provide a legible copy of their reply to the appellant and scheduled the next hearing for April 13, 2022.
Compliance of section 43(5)
The Tribunal allowed the application for condonation of delay, citing the COVID-19 pandemic as a basis for relaxation, and directed that the defective appeal be registered as a Regular Appeal.
Delay condonation
The Tribunal directed the applicant to provide a copy of the limitation application to the respondent via email and ordered the respondent to file an objection within one week.
Defect Removal
The Tribunal verified the applicant's compliance with Section 43(5) of the Act via a Chartered Accountant's certificate and directed the exchange of pleadings regarding the application for condonation of delay.
Defect Removal
The Tribunal found the appellant failed to comply with Section 43(5) of the Act and directed them to deposit the required amount along with a correct CA certificate.
Tribunal Order #0901126028732021-27-01-2025
The Tribunal dismissed the appeal as withdrawn following an amicable settlement between the parties and directed the release of the amount deposited by the appellant promoter under Section 43(5) of the Act 2016, including any accrued interest.
Tribunal Order #0901126028732021-06-01-2022
The Tribunal allowed the application for condonation of delay, citing the COVID-19 pandemic as a basis for relaxation, and directed that the defective appeal be registered as a Regular Appeal.
Tribunal Order #0901126028732021-09-11-2021
The Tribunal verified the applicant's compliance with Section 43(5) of the Act via a Chartered Accountant's certificate and directed the exchange of pleadings regarding the application for condonation of delay.
Tribunal Order #0901126028732021-21-11-2024
The Appellant (Ghaziabad Development Authority) provided an undertaking to release the entire amount due to the Respondent by the end of the month, which the Tribunal accepted and recorded.
Tribunal Order #0901126028732021-21-10-2021
The Tribunal found the appellant failed to comply with Section 43(5) of the Act and directed them to deposit the required amount along with a correct CA certificate.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal as withdrawn following an amicable settlement between the parties and directed the release of the amount deposited by the appellant promoter under Section 43(5) of the Act 2016, including any accrued interest. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal as withdrawn following an amicable settlement between the parties and directed the release of the amount deposited by the appellant promoter under Section 43(5) of the Act 2016, including any accrued interest.
Ruling Awarded To
Appellant
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rishabh Raj
Respondent Advocate(s)
- Amit Yadav
- Abhishek Shukla
Official RERA Tribunal Orders (5)
The Tribunal dismissed the appeal as withdrawn following an amicable settlement between the parties and directed the release of the amount deposited by the appellant promoter under Section 43(5) of the Act 2016, including any accrued interest.
The Tribunal allowed the application for condonation of delay, citing the COVID-19 pandemic as a basis for relaxation, and directed that the defective appeal be registered as a Regular Appeal.
The Tribunal verified the applicant's compliance with Section 43(5) of the Act via a Chartered Accountant's certificate and directed the exchange of pleadings regarding the application for condonation of delay.
The Appellant (Ghaziabad Development Authority) provided an undertaking to release the entire amount due to the Respondent by the end of the month, which the Tribunal accepted and recorded.
The Tribunal found the appellant failed to comply with Section 43(5) of the Act and directed them to deposit the required amount along with a correct CA certificate.
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