Appellant / Complainant
Ajay Pratap Singh
Respondent
Agrani Homes Pvt. Ltd
agrani homes pvt. ltd
₹45,49,00,000
Partial
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 0901126030542022 by Ajay Pratap Singh against Agrani Homes Pvt. Ltd before up_rera.
for delivery of Judgment/Order
The Tribunal recalled its previous orders that had established a monitoring committee and stayed recovery proceedings, ruling that such actions exceeded its jurisdiction. It further transferred all pending execution applications related to the IOB Varanasi Scheme from the Tribunal to the Regulatory Authority (RERA) for consolidated disposal.
For Order
The Tribunal heard arguments regarding the respondent's request to recall previous orders dated 03.08.2022, 18.10.2022, and 19.11.2022, as well as questions concerning the Tribunal's jurisdiction over recovery proceedings initiated under the U.P. Revenue Code.
For Order
The Tribunal noted the High Court's liberty to proceed with hearing execution applications against Agrani Homes Pvt. Ltd. and granted an adjournment to allow counsel for the appellant to address the previously framed issues.
Execution
The Tribunal directed parties to address framed issues following High Court liberty and noted a significant recovery gap in 336 cases, where only approximately Rs. 2.10 crore has been recovered out of a total Rs. 24.50 crore due.
Execution
The Tribunal noted that the matter is pending before the Hon'ble High Court and adjourned the case to 04.05.2023 to be heard alongside similar execution applications.
Execution
The Tribunal examines the legality of its own previous orders regarding the formation of a monitoring committee and the restraint of auction proceedings, questioning whether such actions encroached upon the lawful jurisdiction of revenue authorities under the RERA Act and U.P. Revenue Code.
For Order
The Tribunal directed the District Magistrate of Varanasi to comply with previous orders dated 11.10.2022 and 18.10.2022, warning that failure to do so would result in legal proceedings for contempt of court.
For Order
The U.P. Real Estate Appellate Tribunal directed the District Magistrate of Varanasi to stay the auction of properties belonging to M/s. Agrani Homes Pvt. Ltd. scheduled for 22.11.2022 to prevent frustration of the recovery settlement.
Hearing
The court adjourned the matter to 16.08.2022 to align with the hearing date of related cases.
Hearing
The Tribunal granted the respondent ten days to comply with the previous order dated 07.07.2022 or show cause, and scheduled the next hearing for 10.08.2022.
Notice
The Tribunal directed the issuance of recovery proceedings against the judgment-debtor (Agrani Homes Pvt Ltd) to ensure the decree-holder can realize the fruits of the settlement.
Notice
The Tribunal directed the decree holder to file an affidavit of service within three days and scheduled the matter for further orders on July 7, 2022.
Execution
The Tribunal directed the Registry to issue a notice for the next hearing on 13.06.2022 and ordered the decree-holder to serve the execution application to the judgment-debtor via speed-post, Dasti, and email.
Tribunal Order #0901126030542022-23-01-2024
The Tribunal noted the High Court's liberty to proceed with hearing execution applications against Agrani Homes Pvt. Ltd. and granted an adjournment to allow counsel for the appellant to address the previously framed issues.
Tribunal Order #0901126030542022-17-07-2023
The Tribunal directed parties to address framed issues following High Court liberty and noted a significant recovery gap in 336 cases, where only approximately Rs. 2.10 crore has been recovered out of a total Rs. 24.50 crore due.
Tribunal Order #0901126030542022-20-02-2023
The Tribunal examines the legality of its own previous orders regarding the formation of a monitoring committee and the restraint of auction proceedings, questioning whether such actions encroached upon the lawful jurisdiction of revenue authorities under the RERA Act and U.P. Revenue Code.
Tribunal Order #0901126030542022-28-03-2024
The Tribunal recalled its previous orders that had established a monitoring committee and stayed recovery proceedings, ruling that such actions exceeded its jurisdiction. It further transferred all pending execution applications related to the IOB Varanasi Scheme from the Tribunal to the Regulatory Authority (RERA) for consolidated disposal.
Tribunal Order #0901126030542022-24-01-2024
The Tribunal heard arguments regarding the respondent's request to recall previous orders dated 03.08.2022, 18.10.2022, and 19.11.2022, as well as questions concerning the Tribunal's jurisdiction over recovery proceedings initiated under the U.P. Revenue Code.
Tribunal Order #0901126030542022-07-07-2022
The Tribunal directed the issuance of recovery proceedings against the judgment-debtor (Agrani Homes Pvt Ltd) to ensure the decree-holder can realize the fruits of the settlement.
Tribunal Order #0901126030542022-25-11-2022
The Tribunal directed the District Magistrate of Varanasi to comply with previous orders dated 11.10.2022 and 18.10.2022, warning that failure to do so would result in legal proceedings for contempt of court.
Tribunal Order #0901126030542022-19-11-2022
The U.P. Real Estate Appellate Tribunal directed the District Magistrate of Varanasi to stay the auction of properties belonging to M/s. Agrani Homes Pvt. Ltd. scheduled for 22.11.2022 to prevent frustration of the recovery settlement.
Tribunal Disposal & Final Award Ruling
The Tribunal recalled its previous orders that had established a monitoring committee and stayed recovery proceedings, ruling that such actions exceeded its jurisdiction. It further transferred all pending execution applications related to the IOB Varanasi Scheme from the Tribunal to the Regulatory Authority (RERA) for consolidated disposal. Awarded in favor of Partial. Awarded interest rate: SBI MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal recalled its previous orders that had established a monitoring committee and stayed recovery proceedings, ruling that such actions exceeded its jurisdiction. It further transferred all pending execution applications related to the IOB Varanasi Scheme from the Tribunal to the Regulatory Authority (RERA) for consolidated disposal.
Ruling Awarded To
Partial
Awarded Interest Rate
SBI MCLR + 1%
Interest Period
from the date of deposit to the date of refund of the principal amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Arvind Kumar Shukla
Respondent Advocate(s)
- Sanjay Awasthi
Official RERA Tribunal Orders (8)
The Tribunal noted the High Court's liberty to proceed with hearing execution applications against Agrani Homes Pvt. Ltd. and granted an adjournment to allow counsel for the appellant to address the previously framed issues.
The Tribunal directed parties to address framed issues following High Court liberty and noted a significant recovery gap in 336 cases, where only approximately Rs. 2.10 crore has been recovered out of a total Rs. 24.50 crore due.
The Tribunal examines the legality of its own previous orders regarding the formation of a monitoring committee and the restraint of auction proceedings, questioning whether such actions encroached upon the lawful jurisdiction of revenue authorities under the RERA Act and U.P. Revenue Code.
The Tribunal recalled its previous orders that had established a monitoring committee and stayed recovery proceedings, ruling that such actions exceeded its jurisdiction. It further transferred all pending execution applications related to the IOB Varanasi Scheme from the Tribunal to the Regulatory Authority (RERA) for consolidated disposal.
The Tribunal heard arguments regarding the respondent's request to recall previous orders dated 03.08.2022, 18.10.2022, and 19.11.2022, as well as questions concerning the Tribunal's jurisdiction over recovery proceedings initiated under the U.P. Revenue Code.
The Tribunal directed the issuance of recovery proceedings against the judgment-debtor (Agrani Homes Pvt Ltd) to ensure the decree-holder can realize the fruits of the settlement.
The Tribunal directed the District Magistrate of Varanasi to comply with previous orders dated 11.10.2022 and 18.10.2022, warning that failure to do so would result in legal proceedings for contempt of court.
The U.P. Real Estate Appellate Tribunal directed the District Magistrate of Varanasi to stay the auction of properties belonging to M/s. Agrani Homes Pvt. Ltd. scheduled for 22.11.2022 to prevent frustration of the recovery settlement.
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