SANJAY MUNJAL AND PRAVEEN DWIVEDI vs BESTECH INDIA PRIVATE LIMITED

The present complaint was filed on 11.02.2021 and the reply on behalf of respondent has been received on 24.03.2021. On the last date of hearing, the counsel for the respondent stated at bar that settlement talks were going on between the parties and requested for a short adjournment. Request was allowed. The proxy counsel for the complainant requests for a short adjournment as the main counsel is not available today. Request  is allowed. It shall be final and last opportunity for the complainant to argue the matter. Matter to come up on 04.10.2024 for further proceedings.

Since the Hon’ble Chairman/Members of the Authority are busy to attend the 2nd Annual Conference AIFORERA to be held from 16.07.2024 to 19.07.2024 at Kodaikanal (Tamil Nadu) hence,  the matter is adjourned to  02.08.2024 for pronouncement of order.

The counsel for the respondent states at bar that settlement talks are going on between the parties and requests for a short adjournment. Request is allowed. Matter to come up on 19.07.2024 for further proceedings.

The present complaint was filed on 11.02.2021 and the reply on behalf of respondent has been received on 24.03.2021. Both the counsels for the parties states at bar that settlement talks are going on between the parties and seek a short adjournment. Request is allowed. Matter to come up on 17.05.2024 for further proceedings.

The counsel for the respondent states that he had received a call from the counsel of the complainant expressing his inability to appear today and hence, requested for a short adjournment.   Request is allowed. Matter to come up  on 09.02.2024 for further proceedings.

The proxy counsel for the complainant seeks a short adjournment as the arguing counsel is not available today. Request is allowed. Matter to come up on 08.12.2023  for further proceedings.

The proxy counsel for the complainant requests for a short adjournment to argue the matter. Request is allowed. Matter to come up on 29.09.2023 for further proceedings.

The proxy counsel for the respondent has filed an application for a short adjournment with a request that similar matters in complaint No. 4708/2022,  4706/2022 and 6295/2022  are already listed before the authority on 28.07.2023 and has requested for hearing the above case alongwith above similar relief listed matters on 28.07.2023. Th proxy counsel for the complainant has also no objection to the same. In view of the same,  the matter to  come up on 28.07.2023 for further proceedings.

The proxy counsel for the complainant states at bar that the main counsel is not available for arguing the matter and requests for a short adjournment. Request is allowed.            Matter to come up on 27.07.2023 for further proceedings.

Vide Resolution No. 639 dated 19.10.2022 District Bar Association Gurugram  intimated that today i.e. 19.10.2022  the work shall remain suspended due to Diwali Festival and in view of the call given by Bar Council of Punjab and Haryana to suspend work in protest of raids conducted by NIA in an illegal manner at the place of Advocates of Chandigarh, Gurugram and Bhatinda. Matter to come up on 14.02.2023 for further proceedings.

Adjourned to 19.10.2022 for the purpose as already fixed

Due to paucity of time,  the matter could not be heard.                  Adjourned to 15.07.2022 for the purpose as already fixed.

The file has been received on transfer from the court of adjudicating officer in view of the judgment dated 11.11.2021 passed by the Apex Court in case titled as Ms Newtech Promoters and Developer s Pvt Ltd Versus State of U.P. and Ors. wherein it was held that the matter regarding refund and interest under section 181 are to be decided by the authority and matter regarding adjudicating compensation to be decided by adjudicating officer.. Arguments were heard from both sides.Keeping in view the adjournments being allowed by the Honble Appellate Tribunal on the basis of the fact that the matter is still to be adjudicated by the Honble High Court regarding some of the pointsinvolved in those appealsthe authority also decided to allow deferment of the matter till the decision of the Honble High Court on the points involved in the present matter regarding the applicability of rule 2 o of Haryana Real Estate Regulation and Development Rules 2017. The counsel for the complainant has filed reply to the application dated 9.9.2021 filed by the respondent. He has also filed an application to get permission to file additional documents on the application filed by the respondent. The counsel for the respondent is directed to file written submissions if any in the authority with an advance copy to the complainant within a period of 15 days. Matter to come up on 17.5.2022 for further proceedings.

In view  of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the  Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.                              File be transferred to the Authority. Next date will be notified later on by the Authority. Reader is directed to send the file immediately.

Application on behalf of respondent is filed seeking permission to file additional document. Copy supplied to complainant. Let reply, if any, be filed before next date 2.                        To come on 30.03.2022 for further proceedings.

Pleadings are complete. 2.                       List for arguments on 09.09.2021.

Due to cases being adjourned by the Hon’ble Authority pending for today, the matters pending before this forum are also being adjourned to 09.07.2021 for the proceedings already fixed. 2.         Both the parties/counsel be informed through e-mail accordingly.