Citation : 2021 Latest Caselaw 6572 Raj/2
Judgement Date : 16 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13133/2021
M/s Sng Real Estate Pvt.ltd.
----Petitioner
Versus
Rajasthan Real Estate Regulatory Authority
----Respondent
For Petitioner(s) : Ms. Abhilasha Sharma For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
16/11/2021
Counsel for the petitioner submits that the Adjudicating
Officer has ordered for refund of the whole amount along with
penalty and interest in favour of the respondent(s), whereas the
Adjudicating Officer has no jurisdiction to pass the order of refund
and the same lies with the regulatory authority.
Counsel for the petitioner relied on the judgment passed by
the Hon'ble Supreme Court in the matter of M/s. Newtech
Promoters and Developers Pvt. Ltd. Vs. State of UP & Ors.
(Civil Appeal No. 6745-6749 of 2021) decided on 11.11.2021.
In that view of the matter, issue notice to the respondent(s),
returnable by eight weeks.
Meanwhile, operation of the order dated 28.01.2021
(Annexure-5) shall remain stayed.
(INDERJEET SINGH),J
CHETNA BEHRANI /141
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