WPMS/20/2022
2022 Latest Caselaw 45 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 20 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Sandeep Kothari, Advocate, for the petitioner.

Mr. Vipul Sharma, Advocate, for SIDCUL. Mrs. Monika Pant, Advocate for respondent No.1.

The petitioner to the present Writ Petition has prayed for expunction of the observations, which are made in para 15 of the impugned judgment dated 21st October, 2021, as it has been passed by the Uttarakhand Real Estate Appellate Tribunal, Dehradun, in Appeal No. 05 of 2019, which was recorded at the stage of deciding the review by the Appellate Authority.

Under the Act itself, Section 58 provides for an appeal before High Court against "any orders", which are passed by the Appellate Tribunal. In view of the fact that the provision contained under Section 58 of the Act is very wide enough to encompass within it, the relief sought in the present Writ petition, the Writ Petition is being dismissed with the liberty left open to the petitioner to file an Appeal before the High Court under Section 58 of the Act, as against the impugned order, which is under challenge in the Writ Petition.

Registry is directed to return the certified copy of the order to the learned counsel for the petitioner, by substituting the same with the zerox copy, in order to enable him to file an Appeal under Section 58 of the Act.

(Sharad Kumar Sharma, J.) Dated 05.01.2022 Shiv