M/S Am Buildinfra Pvt. Ltd vs Adjudicating Officer
2022 Latest Caselaw 4461 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 9264/2022

M/s Am Buildinfra Pvt. Ltd.
                                                                    ----Petitioner
                                    Versus
Adjudicating Officer and Anr.
                                                                 ----Respondents

For Petitioner(s) : Mr. Samkit Jain, Ms. Shruti Rai and Mr. Mitesh Rathore For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

04/07/2022 With the permission of this Court, learned counsel for the

petitioner carried out necessary correction in the subject matter of

the writ petition.

Learned counsel for the petitioner submits that the order

impugned dated 22.06.2021 passed by the Adjudicating Officer is

without jurisdiction as he had no authority to order for refund of

the deposited amount alongwith interest. He, in this regard, relies

upon a judgment of Hon'ble Apex Court of India in case of M/s

Newtech Promoters and Developers Pvt. Ltd. vs. State of

U.P. and Ors.: 2021 SCC Online 1044.

Issue notice of writ petition as well as of stay application

confined to the respondent no.2. Rule is made returnable by five

weeks. Notices be filed in two sets. One set of notices be sent

through registered post with acknowledgment due. Steps to be

taken within a week. Notices may also be given "dasti".

(2 of 2) [CW-9264/2022]

Heard learned counsel on interim relief.

Taking into consideration the contention advanced by him,

the material on record and the law laid down by the Hon'ble Apex

Court of India in case of M/s Newtech Promoters and

Developers Pvt. Ltd. (supra), this Court deems it just and

proper to stay the operation and effect of the order dated

22.06.2021 passed by the Adjudicating Officer in complaint

no.2019-3074, till further orders.

List alongwith SBCWP No.9265/2022 as prayed.

(MAHENDAR KUMAR GOYAL),J

MADAN/86

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