M/S Nhdpl South Private Ltd vs Mrs.Debjani Ghosh
2023 Latest Caselaw 9703 Kant

Karnataka High Court

M/S Nhdpl South Private Ltd vs Mrs.Debjani Ghosh on 7 December, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                 -1-
                                                         NC: 2023:KHC:44297-DB
                                                          RERA.A No. 32 of 2022




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                               PRESENT

                            THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

                                                 AND

                        THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                                  RERA APPEAL NO. 32 OF 2022

                   BETWEEN:

Digitally signed   M/S NHDPL SOUTH PRIVATE LTD
by YASHODHA N      (FORMERLY KNOWN AS NHDPL
Location: HIGH     PROPERTIES PRIVATE LIMITED
COURT OF           EARLIER NITESH HOUSING DEVELOPERS PVT LTD.,)
KARNATAKA          HAVING ITS REGISTERED OFFICE AT
                   NO.110, ANDREWS BUILDING
                   M.G. ROAD, BENGALURU-560 001.
                   REPRESENTED BY ITS
                   SPECIAL OFFICER/AUTHORIZED
                   REPRESENTATIVE
                   SRI. K.B. SWAMY                                    ...APPELLANT

                   (BY SHRI. NIRUPAN GOWDA, ADVOCATE FOR
                       SHRI. SIDDHARTH SUMAN, ADVOCATE)

                   AND:

                   1.    MRS. DEBJANI GHOSH
                         W/O MR. JOYDEEP GHOSH
                         AGED ABOUT 52 YEARS

                   2.    MR. JOYDEEP GHOSH
                         S/O LATE P.K. GHOSH
                         AGED ABOUT 52 YEARS

                         BOTH R1 AND R2 ARE
                         R/O FLAT NO.B-503
                             -2-
                                     NC: 2023:KHC:44297-DB
                                      RERA.A No. 32 of 2022




     PURVA HEIGHTS
     BANNERGHATTA ROAD
     BILEKAHALLI
     BENGALURU-560 076.

3.   ADJUDICATING OFFICER
     REAL ESTATE (REGULATION AND
     DEVELOPMENT)
     REGULATORY AUTHORITY
     NO.1/14, GROUND FLOOR
     SILVER JUBILEE BLOCK
     UNITY BUILDING, CSI COMPOUND
     3RD CROSS, MISSION ROAD
     BENGALURU-560 027.                        ...RESPONDENTS

(BY SHRI. K. RAJASHEKHAR, ADVOCATE FOR R3)

     THIS RERA.A IS FILED UNDER SECTION 58 OF THE REAL ESTATE
REGULATORY AUTHORITY 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
APPEAL NO. FR(K-REAT) 147/2020 I.E., ANNEXURE-A, WHERE UNDER,
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
APPEAL NO. FR(K-REAT) 147/2020 BE RESTORED TO FILE AND ETC.

     THIS RERA.A, COMING ON FOR ORDERS,              THIS    DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:

                          JUDGMENT

Shri Nirupan Gowda, learned advocate for the

appellant submits that parties have settled the dispute and

nothing further survives in this appeal. He has filed a memo

dated 06.12.2023 to the said effect and prayed for disposal

of this appeal.

NC: 2023:KHC:44297-DB

2. In view of the above, this appeal is disposed of as

having become infructuous.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

YN