Rani Chauhan vs Innovative Infra Developers
2022 Latest Caselaw 14900 P&H

CR-8732 of 2017 (O&M)                                                    -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                                    CR-8732 of 2017 (O&M)
                                                  Date of decision: 22.11.2022

Rani Chauhan                                                       ..Petitioner

                                     Versus

Innovative Infra Developers Pvt. Ltd.                            ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Sachin Mittal, Advocate for the petitioner.

Mr. Kartik Gupta, Advocate for the respondent.

ANIL KSHETARPAL, J(Oral)

This revision petition has been filed with a prayer to set aside

the order dated 04.08.2016, passed by the trial Court, while allowing the

respondent's application under Section 8 of the Arbitration and Conciliation

Act, 1996, in a suit filed by the petitioner herein.

The petitioner's suit for recovery of Rs.2,13,934/- has been

disposed of with liberty to the petitioner to claim the amount before the

Arbitrator in view of Clause 'O' of the builder-buyer agreement

Mr. Kartik Gupta, the learned counsel representing the

respondent has informed the court that in view of the judgment passed in

Rameshwar and others vs. State of Haryana and others, (2018) 6 SCC 215,

the agreement between the builder and the allottees has been declared illegal

and ineffective while permitting the allottees to file their claim before the

Haryana State Industrial & Infrastructure Development Corporation

(HSIIDC).

The learned counsel representing the petitioner does not dispute

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CR-8732 of 2017 (O&M) -2-

the aforesaid development.

Disposed of accordingly.

All the pending miscellaneous applications, if any, are also

disposed of.

November 22, 2022                               (ANIL KSHETARPAL)
nt                                                    JUDGE

Whether speaking/reasoned                 :     Yes/No
Whether reportable                        :     Yes/No




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