Punjab-Haryana High Court
Pivotal Infrastructure Pvt. Ltd vs Ashwini Kumar Khosla on 8 August, 2023
120 2023:PHHC:102431
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RERA-APPL-83-2023 (O&M), RERA-APPL-84-
2023 (O&M) and RERA-APPL-88-2023 (O&M)
Date of Decision: August 08, 2023
PIVOTAL INFRASTRUCTURE PVT. LTD. ........ Appellant
Versus
ASHWINI KUMAR KHOSLA ........ Respondent
PIVOTAL INFRASTRUCTURE PVT. LTD. ........ Appellant
Versus
PUJA MYNE ........ Respondent
PIVOTAL INFRASTRUCTURE PVT. LTD. ........ Appellant
Versus
AMIT VERMA ........ Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Karan Kaushal, Advocate for appellant.
****
HARKESH MANUJA, J. (ORAL)
This order shall dispose of aforementioned appeals wherein
common issue has been raised. For the sake of convenience, facts are
taken from RERA-APPL-83-2023 titled as "PIVOTAL
INFRASTRUCTURE PVT. LTD. Vs. ASHWINI KUMAR KHOSLA"
2. By way of present appeals, challenge has been laid to the
order dated 03.03.2023 passed by Haryana Real Estate Appellate
Tribunal (hereinafter referred to as 'Appellate Tribunal') Chandigarh
whereby the appeals have been dismissed for want of non-deposit of
the statutory pre-deposit.
3. Learned counsel for the appellant submits that on the date
fixed i.e. 03.03.2023, the appellant could not deposit the amount in
TEJWINDER SINGH
2023.08.10 17:30
I attest to the accuracy and
integrity of this document
2023:PHHC:102431
RERA-APPL-83-2023 (O&M), RERA-APPL-84-2023 (O&M) and
RERA-APPL-88-2023 (O&M) -2-
terms of order dated 15.02.2023 passed by the Ld. Appellate Tribunal
for the reasons beyond its control and thus submits that in case, given a
chance, the appellant shall deposit the sum as directed. Learned
counsel for the appellant also refers to a draft dated 12.07.2023
pertaining to the pre-deposit which was prepared in the name of learned
Appellate Tribunal. In support, he even refers to an order dated
01.06.2023 passed by this Court in RERA APPEAL Nos.65 to 67 of
2023 wherein similar benefit was granted in favour of the present
appellant under somewhat similar circumstances. Relevant paragraphs
thereof are reproduced hereunder for reference:-
9. Accordingly, three weeks time is granted to the
appellant to deposit the amount as ordered by the Haryana Real
Estate Appellate Tribunal, Chandigarh, subject to payment of costs
quantified as Rs.50,000/- in each appeal, payable to the respective
respondent. If the amount is deposited within the aforesaid period
along with costs, the appeals which have been disposed of by the
Tribunal vide order dated 03.03.2023 on account of non-depositing
the pre-deposit amount shall stand revived and the Haryana Real
Estate Appellate Tribunal, Chandigarh, shall restore and proceed to
hear the appeal(s), on merits, in accordance with law. The office of
the Tribunal to give the date for appearance to the appellant and for
hearing as per its convenience and docket management.
10. Learned counsel for the appellant informs this Court
that though the office of the Tribunal would be functioning on
working days of the Government of Haryana but the Tribunal would
not ordinarily assemble on account of summer break during the
month of June, 2023 and the hearings would resume in the month
of July, 2023.
11. In the meanwhile, the demand dated 11.05.2023
(Annexure P-5) be kept in abeyance till the date of consideration by
the Tribunal regarding the prayer for ad interim stay during the
pendency of appeal. Needless to observe, in case the amount is not
deposited within the stipulated period or the costs are not paid, the
above interim protection shall stand vacated forthwith and the
appeal(s) would be deemed to have been dismissed with costs,
quantified hereinabove
TEJWINDER SINGH
2023.08.10 17:30
I attest to the accuracy and
integrity of this document
2023:PHHC:102431
RERA-APPL-83-2023 (O&M), RERA-APPL-84-2023 (O&M) and
RERA-APPL-88-2023 (O&M) -3-
4. Accordingly, applying the principle of parity as well as in
order to advance the cause of justice so as to enable the appellant to
pursue its remedies effectively, the present appeal is disposed of in
terms of judgment dated 01.06.2023 passed by this Court in RERA
APPEAL Nos.65 to 67 of 2023 by granting similar benefit to the
appellant.
5. Pending applications if any shall also stand disposed of.
08.08.2023 ( HARKESH MANUJA )
tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
TEJWINDER SINGH
2023.08.10 17:30
I attest to the accuracy and
integrity of this document
