Uttarakhand High Court
RERA APPEAL/7/2021 on 22 July, 2021
Office Notes,
reports, orders or
proceedings or
sl. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
RERA Appeal No.06 of 2021
with
RERA Appeal No.07 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via video conferencing).
Mr. Bhupesh Kandpal, Advocate, for the
petitioners.
Mr. Alok Mahra, Advocate, for the
Caveator.
These are the two RERA appeals, being
Appeal No.06 of 2021 and 07 of 2021, wherein,
the appellant had put a challenge to the
judgment of 23.06.2021, passed by the RERA
Appellate Tribunal in Appeal No.34 of 2019,
"M/s Resizone Buildwell Pvt. Ltd. Vs. Sandeep
Gusain" as well as the judgment of 09.08.2019,
passed by the RERA Regulatory Authority, in
Complaint Case No.38 of 2019, as it engages
consideration in RERA Appeal No.06 of 2021,
and the appellate judgment of RERA Appellate
Tribunal in Appeal No.35 of 2019, "M/s
Resizone Buildwell Pvt. Ltd. Vs. Santan
Singh", arising out of the Complaint No.26 of
2019, which was preferred by the RERA
Regulatory Authority and its judgment of
05.08.2019.
Having considered the arguments which
had been extended by the learned counsel for
the appellant, as well as after hearing the
caveator counsel, the question which has been
raised by the appellant is in the light of the
implications flowing from Section 21 of the
Real Estate (Regulation And Development)
Act, 2016, as well as that as raised in
substantial question No.A and E, as to what
would be the impact of Clause 28 of the
agreement, which contained an arbitration
clause in the light of the judgment which was
rendered by the Hon'ble Apex Court in Civil
Appeal No.240 of 2019, as decided on
14.12.2020.
The appeals would stand admitted,
subject to the aforesaid two substantial
questions i.e. Question No. A and E, which are
extracted hereunder:-
"A. Whether only one member of
Uttarakhand Real Estate Authority can be
construed as the authority defined under
section 2(i) r/w section 21 of the Real
Estate Regulation and Development Act,
2016?
E. Whether the learned Tribunal ought to
have referred the matter as per the
arbitration clause to the arbitrator as per
the law?"
There would be an interim order to the
effect that the deposit which has been made by
the appellant in compliance of sub-section (5)
of Section 43 of the Act, before the Appellate
Authority, which has been directed to be
deemed to be realized that will continue to be
deposited before the Appellate Tribunal if not
already withdrawn and that would abide by the
decision of the RERA appeals.
Summon the lower court record.
List these RERA appeals after receipt of
the lower court records.
As a consequence of the order passed
today, the further execution of the impugned
award would be kept in abeyance till the next
date of listing.
(Sharad Kumar Sharma, J.)
22.07.2021
NR/
