Gujarat High Court
M/S Samkit Infracon vs Gujarat Real Estate Regulatory ... on 8 September, 2022
Bench: Nirzar S. Desai
C/SCA/6681/2022 ORDER DATED: 08/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6681 of 2022
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M/S SAMKIT INFRACON
Versus
GUJARAT REAL ESTATE REGULATORY AUTHORITY
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Appearance:
MR.VISHAL J DAVE(6515) for the Petitioner(s) No. 1,2
MS MANISHA L. SHAH, SENIOR ADVOCATE WITH MS SHRUTI S
PATHAK(5619) for the Respondent(s) No. 1
PARITOSH R GUPTA(7583) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 08/09/2022
ORAL ORDER
1. By way of this petition under Article 226 of the
Constitution of India, the petitioners have challenged the
interim-order dated 24.02.2022 passed by the Gujarat Real
Estate Regulatory Authority, whereby upon petitioners raising
preliminary objection, the authority by way of impugned order
dated 24.02.2022 decided that the preliminary objection
raised by the petitioners, who are the opponent before the
authority, shall be decided alongwith final decision on merit of
Complaint No.CMP/Ahmedabad/210107/000008.
C/SCA/6681/2022 ORDER DATED: 08/09/2022
2. Heard learned advocate Mr. Vishal Dave for the
petitioners; learned Government Pleader Ms. Manisha
Lavkumar Shah with learned advocate Ms. Shruti Pathak for
the respondent no.1; and learned advocate Mr. Paritosh Gupta
for the respondent no.2.
3. It is the grievance of the petitioners that in a complaint
preferred before the RERA authority being
No.CMP/Ahmedabad/210107/000008 filed by the respondent
no.2, the present petitioners, who are opponents in respect of
that complaint raised certain preliminary objections, however,
instead of deciding those preliminary objections, the RERA
authority vide order dated 24.02.2022 passed an order taking
a view that the preliminary objections raised by the present
petitioners shall be decided alogn with final decision on merits
of the complaint.
4. The matter was heard at length today. However, in the
end, learned advocate Mr. Vishal Dave appearing for the
petitioners as well as learned advocate for the respondents
C/SCA/6681/2022 ORDER DATED: 08/09/2022
have arrived at consensus that if the RERA authority is
decided to hear and decide the complaint
No.CMP/Ahmedabad/210107/000008 within some time bound
schedule, all the learned advocate appearing for the
respective parties shall cooperate before the authority. Hence,
following order is passed.
(i) The petitioners, who are respondents before
the RERA Authority, are directed to file reply before
the authority on before 15.10.2022 and if any
rejoinder that the respondent no.2 - original
complainant wants to file, he shall file the same
before 15.11.2022 before the RERA Authority.
(ii) On completion of pleadings, if either-side
wants to submit any written submissions or any
judgments the parties are relying upon, they may file
the same before the authority by serving a copy to
the otherside latest by 30.11.2022.
(iii) Once the pleadings are over and submissions/
C/SCA/6681/2022 ORDER DATED: 08/09/2022
arguments are filed before the authority, the RERA
Authority shall decide the complaint being
No.CMP/Ahmedabad/210107/000008 and decided
the same by way of reasoned order dealing with all
the contentions of both the sides latest by 31 st
December 2022.
5. With the aforesaid observation, the present petition
stands disposed of.
It is clarified that while disposing of this petition, this
Court has not gone into the merits of the matter and
therefore, the RERA authority is directed to decide the
complaint filed before it on its own merits, independently
without being influenced by the order passed by this Court.
(NIRZAR S. DESAI,J)
A. B. VAGHELA
