M/S Arg Developers Private ... vs Ashok Kumar Pareek S/O Babu Lal ...
2022 Latest Caselaw 1956 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 3506/2022

M/s ARG Developers Private Limited, Through Its Director Sh.
Atma Ram Gupta S/o Lt. Sh. Ladu Ram Gupta, Aged About 62
Years, R/o Madhav Vilas, Madho Singh Circle, Banipark, Jaipur,
Rajasthan.
                                                                  ----Petitioner
                                   Versus
Ashok Kumar Pareek S/o Babu Lal Pareek, Aged About 33 Years,
R/o Bagawas Chourasi Via Bhabru, Tehsil Viratnagar, Jaipur,
Rajasthan.
                                                                ----Respondent

For Petitioner(s) : Ms.Ashish Joshi, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

04/03/2022

Learned counsel for the petitioner submitted that the

impugned order dated 13.07.2021 has been passed by the

Adjudicating Officer of Real Estate Regulatory Authority, Jaipur,

whereby, direction has been given to refund the amount to the

respondent along with interest and further, direction has also been

given with respect to payment of installments to the Bank from

which the loan is said to be taken.

Learned counsel for the petitioner submitted that the

Apex Court in the case of M/s. Newtech Promoters and

Developers Pvt. Ltd. Vs. State of U.P. & Ors. Etc., in Civil

Appeal No.6745-6749/2021 has decided the Question No.2.

Learned counsel submitted that the Apex Court in the

said judgment has held that only compensation and interest can

(2 of 2) [CW-3506/2022]

be awarded by the Adjudicating Officer but payment of interest or

refund of amount can only be made by the Regulatory Authority.

Issue notice of the writ petition as well as stay

application, returnable on 29.03.2022. Notices be given 'dasti', if

prayed.

In the meanwhile, effect and operation of order dated

13.07.2021 and order dated 23.12.2021 shall remain stayed.

(ASHOK KUMAR GAUR), J

Himanshu Soni/42

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