Appellant / Complainant
Sunworld Residency Private Limited
Respondent
Deepak Ishwardas Rathi
sunworld residency private limited
₹1,05,82,226
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 0901126030212022 by Sunworld Residency Private Limited against Deepak Ishwardas Rathi before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the promoter's appeal, ruling that no excess amount was recovered during execution and affirming that Section 39 of the RERA Act does not permit substantive review or amendment of a final order under the guise of rectification.
Delay condonation
The Tribunal rejected the respondent's application dated 14.12.2023 as it was not pressed, and subsequently reserved judgment after hearing arguments on the merits of the appeal.
Delay condonation
The Tribunal granted a final seven-day extension to the respondent to file their reply/objection and scheduled the matter for orders on 27.01.2025.
Delay condonation
The Tribunal directed the respondent to file objections regarding the receipt of a delay condonation email and ordered the Registry to obtain a report from the Regulatory Authority to verify the authenticity of an email dated 12.10.2021.
Hearing
The Tribunal has scheduled the defective appeal for consideration of the application for condonation of delay and a subsequent hearing on December 13, 2024, following a joint request from both parties.
Hearing
The Tribunal has scheduled the defective appeal for consideration regarding the application for condonation of delay and a subsequent hearing on 14-11-2024, following a joint request from both parties.
Hearing
The Tribunal granted a final opportunity to the respondent to argue the appeal and scheduled the matter for hearing on the application for condonation of delay and final hearing on 25.10.2024, warning that no further adjournments will be permitted.
Hearing
The Tribunal granted a request for adjournment due to the respondent's counsel being unavailable and scheduled the defective appeal for orders on 16.08.2024.
Hearing
The Tribunal has listed the defective appeal for orders on 23.07.2024 due to the absence of both parties.
Hearing
The Tribunal granted the respondent one week to file objections to the amended portion of the appeal and directed the appellant to file a reply within a week after receiving the soft copy.
Hearing
The Tribunal allowed the applicant's application to amend the grounds of appeal and prayer clause to bring new documents on record, directing specific timelines for filing amended memos and subsequent objections.
Hearing
The Tribunal granted a request to reschedule the hearing for a defective appeal due to the respondent's counsel being on sanctioned leave, listing the matter for 18.03.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the matter for 11.03.2024 to consider the application for condonation of delay and hear the defective appeal.
Hearing
The Tribunal granted the respondent ten days to file objections to a proposed amendment application and directed the parties to exchange copies via email before the next hearing on 01.11.2023.
Hearing
The Tribunal granted a request for urgency and scheduled the defective appeal for consideration of the condonation of delay application on 19.09.2023.
Hearing
The Tribunal granted the appellant additional time to file amendments to the grounds of appeal and scheduled the next hearing for July 27, 2023.
Hearing
The court granted a joint request from the counsels of both parties to adjourn the matter and rescheduled the hearing for 21.07.2023.
Hearing
The court granted a request from both parties' counsel to reschedule the hearing of this defective appeal to July 20, 2023.
Hearing
The Tribunal granted the respondent a 10-day extension to comply with previous orders dated 15.05.2023 and 29.05.2023, and scheduled the matter for hearing on 13.07.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for July 3, 2023, with a directive that no further adjournments will be permitted on that date.
Hearing
The Tribunal took serious note of the respondent's failure to comply with the previous order dated 15.05.2023 and granted a final 7-day extension for compliance.
Hearing
The Tribunal directed both parties to obtain a Chartered Accountant's report calculating interest on payments made by the respondent (direct payments and EMIs) and instructed the respondent to clarify any remaining balance due from the appellant following the recovery of Rs. 2.5 crores.
Hearing
The Tribunal granted the appellant's request for an early hearing due to previous adjournments and rescheduled the case for 15.05.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and adjourned the hearing for the defective appeal to 05.05.2023 following a request from the respondent's counsel.
For Order
The Tribunal noted the receipt of records from the Regulatory Authority and adjourned the matter to 13.04.2023 for orders/hearing due to the respondent's counsel being on leave.
For Order
The Tribunal has directed the Registrar to summon the records of the recovery proceedings initiated under the 18.05.2018 order to investigate a dispute regarding the improper rejection of an application for rectification of a calculation error in a recovery certificate.
For Order
The Tribunal granted the appellant 10 days to place the application for rectification of the recovery certificate on record and adjourned the matter to 14.03.2023.
For Order
The Tribunal granted a request for urgency and rescheduled the matter to be listed on 28.02.2023.
For Order
The Tribunal granted the respondent 24 hours to upload objections on the e-portal and allowed the applicant three days to file a reply upon receipt of said objections. The matter is scheduled for hearing on 24.02.2023.
For Order
The Tribunal identified a clerical error where an order from another case was incorrectly pasted into the file and granted the respondent a final opportunity to file a reply to the grounds of appeal.
For Order
The Tribunal allowed the appellant's amendment application as it does not change the nature of the suit and disposed of an infructuous interim application. The appellant is directed to incorporate the amendments and file a reply to the respondent's objections.
Hearing
The Tribunal deemed service upon the respondent sufficient and granted a 10-day extension for filing objections to the appeal, with the matter listed for hearing on 18.10.2022.
Notice
The Tribunal has listed the appeal for orders/hearing on 30.09.2022.
Notice
The Tribunal noted that notice has not yet been served upon the respondent and ordered the defective appeal to be listed on 28.09.2022 for further orders.
Hearing
The Tribunal noted the respondent's refusal to accept notice and ordered that fresh notices be sent via email and speed post, adjourning the matter to 12.09.2022.
Defect Removal
The Tribunal issued notice to the respondent regarding the appeal and provided procedural instructions for service of notice and filing of objections/replies.
Tribunal Order #0901126030212022-05-05-2025
The Appellate Tribunal dismissed the promoter's appeal, ruling that no excess amount was recovered during execution and affirming that Section 39 of the RERA Act does not permit substantive review or amendment of a final order under the guise of rectification.
Tribunal Order #0901126030212022-13-12-2024
The Tribunal directed the respondent to file objections regarding the receipt of a delay condonation email and ordered the Registry to obtain a report from the Regulatory Authority to verify the authenticity of an email dated 12.10.2021.
Tribunal Order #0901126030212022-19-09-2024
The Tribunal granted a final opportunity to the respondent to argue the appeal and scheduled the matter for hearing on the application for condonation of delay and final hearing on 25.10.2024, warning that no further adjournments will be permitted.
Tribunal Order #0901126030212022-18-03-2024
The Tribunal allowed the applicant's application to amend the grounds of appeal and prayer clause to bring new documents on record, directing specific timelines for filing amended memos and subsequent objections.
Tribunal Order #0901126030212022-29-05-2023
The Tribunal took serious note of the respondent's failure to comply with the previous order dated 15.05.2023 and granted a final 7-day extension for compliance.
Tribunal Order #0901126030212022-15-05-2023
The Tribunal directed both parties to obtain a Chartered Accountant's report calculating interest on payments made by the respondent (direct payments and EMIs) and instructed the respondent to clarify any remaining balance due from the appellant following the recovery of Rs. 2.5 crores.
Tribunal Order #0901126030212022-14-03-2023
The Tribunal has directed the Registrar to summon the records of the recovery proceedings initiated under the 18.05.2018 order to investigate a dispute regarding the improper rejection of an application for rectification of a calculation error in a recovery certificate.
Tribunal Order #0901126030212022-16-11-2022
The Tribunal identified a clerical error where an order from another case was incorrectly pasted into the file and granted the respondent a final opportunity to file a reply to the grounds of appeal.
Tribunal Order #0901126030212022-18-10-2022
The Tribunal allowed the appellant's amendment application as it does not change the nature of the suit and disposed of an infructuous interim application. The appellant is directed to incorporate the amendments and file a reply to the respondent's objections.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the promoter's appeal, ruling that no excess amount was recovered during execution and affirming that Section 39 of the RERA Act does not permit substantive review or amendment of a final order under the guise of rectification. Awarded in favor of Respondent. Awarded interest rate: 24% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the promoter's appeal, ruling that no excess amount was recovered during execution and affirming that Section 39 of the RERA Act does not permit substantive review or amendment of a final order under the guise of rectification.
Ruling Awarded To
Respondent
Awarded Interest Rate
24% per annum
Interest Period
from the date of deposit to till date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Raj Singh
Respondent Advocate(s)
- Sunendra Kumar
Official RERA Tribunal Orders (9)
The Appellate Tribunal dismissed the promoter's appeal, ruling that no excess amount was recovered during execution and affirming that Section 39 of the RERA Act does not permit substantive review or amendment of a final order under the guise of rectification.
The Tribunal directed the respondent to file objections regarding the receipt of a delay condonation email and ordered the Registry to obtain a report from the Regulatory Authority to verify the authenticity of an email dated 12.10.2021.
The Tribunal granted a final opportunity to the respondent to argue the appeal and scheduled the matter for hearing on the application for condonation of delay and final hearing on 25.10.2024, warning that no further adjournments will be permitted.
The Tribunal allowed the applicant's application to amend the grounds of appeal and prayer clause to bring new documents on record, directing specific timelines for filing amended memos and subsequent objections.
The Tribunal took serious note of the respondent's failure to comply with the previous order dated 15.05.2023 and granted a final 7-day extension for compliance.
The Tribunal directed both parties to obtain a Chartered Accountant's report calculating interest on payments made by the respondent (direct payments and EMIs) and instructed the respondent to clarify any remaining balance due from the appellant following the recovery of Rs. 2.5 crores.
The Tribunal has directed the Registrar to summon the records of the recovery proceedings initiated under the 18.05.2018 order to investigate a dispute regarding the improper rejection of an application for rectification of a calculation error in a recovery certificate.
The Tribunal identified a clerical error where an order from another case was incorrectly pasted into the file and granted the respondent a final opportunity to file a reply to the grounds of appeal.
The Tribunal allowed the appellant's amendment application as it does not change the nature of the suit and disposed of an infructuous interim application. The appellant is directed to incorporate the amendments and file a reply to the respondent's objections.
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