M/S Arya Erectors India Pvt. Ltd vs Padum Deori And Anr
2022 Latest Caselaw 4324 Gua

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GAHC010201172022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                    Case No. : RSA/156/2022

            M/S ARYA ERECTORS INDIA PVT. LTD.
            A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS
            REGISTERED OFFICE AT HOUSE NO. 123, ARYA SMART LIVING,
            ABHOYPUR, NORTH GUWAHATI, PO COLLEGE NAGAR, PS CHANGSARI,
            KAMRUP , 781030, REPRESENTED BY ITS MANAGING DIRECTOR SRI ANIL
            KUMAR SARMA.



            VERSUS

            PADUM DEORI AND ANR.
            S/O BRITISH DEORI,
            RESIDENT OF NIZARAPAR, PO JAGIROAD, DIST MORIGAON, ASSAM
            782410

            2:SMTI ARUNDHATI BARUAH
            W/O SHRI PADUM DEORI

            RESIDENT OF NIZARAPUR
            PO JAGIROAD
            DIST MORIGAON
            ASSAM 78241

Advocate for the Petitioner   : MR. N DEKA

Advocate for the Respondent : MR S DAS




             Linked Case : I.A.(Civil)/3189/2022
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          M/S ARYA ERECTORS INDIA PVT. LTD.
          A COMPANY REGISTERED UNDER THE COMPANIES ACT
          1956 HAVING ITS REGISTERED OFFICE AT HOUSE NO. 123
          ARYA SMART LIVING
          ABHOYPUR
          NORTH GUWAHATI
          PO COLLEGE NAGAR
          PS CHANGSARI
          KAMRUP
          781030
          REPRESENTED BY ITS MANAGING DIRECTOR SRI ANIL KUMAR SARMA.


           VERSUS

          PADUM DEORI AND ANR.
          S/O BRITISH DEORI
           RESIDENT OF NIZARAPAR
           PO JAGIROAD
           DIST MORIGAON
          ASSAM 782410

          2:SMTI ARUNDHATI BARUAH
          W/O SHRI PADUM DEORI

          RESIDENT OF NIZARAPUR
          PO JAGIROAD
          DIST MORIGAON
          ASSAM 782410
          ------------
          Advocate for : MR. N DEKA
          Advocate for : appearing for PADUM DEORI AND ANR.



                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                      ORDER

Date : 07.11.2022

Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. N. Deka, learned counsel for the appellant. Also heard Mr. S. Das, learned counsel for the respondent caveator.

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This appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 read with Section 100 and Order XLI and XLII of the CPC, the appellant has assailed the Judgment and Order dated 26.07.2022 passed by the Assam Real Estate Appellate Tribunal, Guwahati in case No. REAT/ASSAM/APPEAL No. 05 of 2022 thereby dismissing the appeal filed by the appellant to assail the judgment and order dated 28.02.2022 passed by the Real Estate Regulatory Authority, Assam in case No. ASSAM/RERA/2017/323, whereby allowing the complaint of the respondent.

The appeal is admitted for hearing on the following substantial questions of law:

1. Whether the judgment passed by the Real Estate Appellate Tribunal is vitiated by acceptance of the inspection report on the site measurement carried on 10.02.2022, which was submitted on 22.04.2022, but not refer to in the judgment, however accepted as evidence by the Appellate Tribunal without granting an opportunity to the appellant to contest the inspection report?

2. Whether the judgment of the learned Real Estate Appellate Tribunal and Real Estate Regulatory Authority is vitiated by proceeding on the basis on calculation made on account of carpet area and not "build up area" both parties entered into an agreement, more so when none of the parties to this agreement dated 09.02.2016 had not applied for rectification of their mutual agreement within the meaning of Section 26 of the Specific Relief Act and whether the judgment and order passed by both the Tribunal as well as the Page No.# 4/4

Authority is vitiated on that account. The learned senior counsel for the appellant is counted to raise any other ground of appeal.

No formal step is required to be taken as the respondent has appeared as caveator.

The records of the REAT/ASSAM/APPEAL No. 05 of 2022 be called for Assam Real Estate Appellate Tribunal, Guwahati as well as the records of the proceedings between the parties from the Real Estate Regulatory Authority, being case No. ASSAM/RERA/2017/323 from the Real Estate Regulatory Authority, Assam.

In view of the nature of dispute between both the sides, this Court is of the considered opinion that this case is fit case to be referred for the mediation.

Accordingly, both sides are directed to appear before the Gauhati High Court Mediation Centre on 23.11.2022.

Let a copy of this order be sent to the Gauhati High Court Mediation Centre to do the needful to have a mediation session between the parties to be conducted by an empanelled Mediator.

List this case on 28.11.2022.

JUDGE

Comparing Assistant