M/S. Gold Bricks Infrastructures ... vs Atul Agrawal
2021 Latest Caselaw 3545 Chatt

       HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                            MA No. 22 of 2021
  M/s. Gold Bricks Infrastructures Pvt. Ltd. Versus Atul Agrawal & Ors.




07/12/2021         Shri Ashish Surana, Counsel for the Appellant.


                   Heard.


                   Learned counsel for the appellant would submit that the

             instant appeal is against the order dated 08.12.2020. It is further

             submitted that against the same judgment other appeals have also

             been preferred which has been admitted and questions of law has

             been framed. He placed reliance on MA No. 25 of 2021 and MA

             No. 19 of 2021.


                   In view of the above submission, the similar questions of law

             are framed in this case also which are shown below:-


                   (a) "Whether the order dated 08-12-2020 passed by the

                   learned Real Estate Appellate Tribunal was without

                   jurisdiction since it was passed by a single member?


                   (b) "Whether the learned Real Estate Appellate Tribunal was

                   justified in law in remanding the case to the adjudicating

                   officer constituted under Section 71 of Real Estate

                   (Regulation and Development) Act, 2016 (for short "RERA")

                   to adjudicate on various complaints other than issue of
               compensation in view of limited jurisdiction conferred on the

              adjudicating officer under Section 71 of the RERA Act, 2016"


              Issue notice to respondent No. 1, as per rules.

Till the next date of hearing, the adjudicating officer shall not

proceed with the adjudication on any issue relating to various

charges under dispute between the parties except the issue of

compensation.

List the case along with M.A. No. 25 of 2021 and other

analogous appeals.

                    Sd/-                              Sd/-
               (Goutam Bhaduri)                   (Rajani Dubey)
                   Judge                              Judge




Jyoti