Nhdpl South Private Limited vs Shri Reghu Kadavath
2022 Latest Caselaw 2332 Kant

                            1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 14TH DAY OF FEBRUARY 2022

                        PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

         THE HON'BLE MR. JUSTICE M.G.S. KAMAL

                RERA .A. NO.17 OF 2021
BETWEEN:

NHDPL SOUTH PRIVATE LIMITED
(FORMERLY KNOWN AS NHDPL PROPERTIES
PRIVATE LIMITED, EARLIER NITESH HOUSING
DEVELOPERS PVT LTD)
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT AND HAVING REGISTERED
OFFICE AT NO.110, LEVEL -1
ANDREWS BUILDING, NO.8
M.G. ROAD, BENGALURU 560001
REP. BY ITS AUTHORIZED REPRESENTATIVE
SRI. SWAMY K B.
                                          ... APPELLANT

(BY MS. BINDIYA RAO, ADV., FOR
    MR. SIDDHARTH SUMAN, ADV.,)

AND:

1.   SHRI. REGHU KADAVATH
     NO.312B, RANKA COLONY
     BANNERGHATTA ROAD
     BILEKAHALLI, BENGALURU 560076.

2.   SMT. REKHA K. NAIR
     NO.312B, RANKA COLONY
     BANNERGHATTA ROAD
     BILEKAHALLI, BENGALURU 560076.
                              2



3.   THE ADJUDICATING OFFICER
     REAL ESTATE REGULATORY AUTHORITY
     NO.1/14, GROUND FLOOR
     SILVER JUBILEE BLOCK
     UNITY BUILDING, CSI COMPOUND
     3RD CROSS, MISSION ROAD
     BANGALORE 560027
     REP. BY ITS SECRETARY.

                                              ... RESPONDENTS

(R1, R2 & R3 SERVED AND UNREPRESENTED)
                           ---


      THIS RERA APPEAL IS FILED UNDER SECTION 58 OF THE
KARNATAKA REAL ESTATE (REGULATION AND DEVELOPMENT)
ACT, 2016, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE
THE ORDER DATED 11.12.2020 PASSED BY THE KARNATAKA REAL
ESTATE   APPELLATE   TRIBUNAL,   BENGALURU,    IN   FR(K-REAT)
No.109/2020 i.e., ANNEXURE-A) WHEREUNDER, THE APPEAL
FILED BY THE APPELLANT WAS DISMISSED AND CONSEQUENTLY
THE APPEAL FILED BY THE APPELLANT BEFORE THE KARNATAKA
REAL ESTATE APPELLATE TRIBUNAL, BENGALURU IN FR(K-REAT)
No.109/2020 TO RESTORED TO FILE.     TO AWARD COSTS AND
GRANT SUCH RELIEF(S) AS THIS HON'BLE COURT DEEMS FIT AND
EXPEDIENT IN THE CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE AND EQUITY.


      THIS RERA APPEAL COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
                                   3



                            JUDGMENT

This appeal is admitted on the following substantial

question of law:

"Whether the Tribunal committed an error of law in dismissing the appeal preferred by the appellant on the ground of non-compliance with Section 43(5) of the Real Estate (Regulation and Development) Act, 2016, without affording a reasonable opportunity to the appellant?"

2. When the matter was taken up today, learned

counsel for the petitioner submitted that the aforesaid

substantial question of law has been answered by the

Supreme Court in 'NEWTECH PROMOTERS AND

DEVELOPERS PVT. LTD. Vs. STATE OF UP AND OTHERS'

2021 SCC ONLINE SC 1044. It is further submitted by the

learned counsel for the appellant that the appellant be

granted four weeks time to deposit the amount as directed

by the Appellate Tribunal and the appeal be remitted for

hearing on merits.

3. In view of the aforesaid judgment of the Supreme

Court, the substantial question of law is answered against the

appellant and in favour of the respondent Nos.1 and 2.

However, in the facts of the case, judgment dated

11.12.2020 passed by the Appellate Tribunal is set aside and

it is directed that in case appellant deposits the amount as

directed by the Appellate Tribunal within a period of four

weeks from today, the Tribunal shall hear the appeal on

merits expeditiously.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV