BABITA TIWARI AND YOGESH TIWARI vs EMAAR INDIA LIMITED

Matter is adjourned to 06.05.2024.

Matter is adjourned to 02.04.2024.

MATTER IS ADJOURNED TO 22.01.2024.

Matter is adjourned to 28.10.2023.

Matter is adjourned to 06.10.2023.

MATTER IS ADJOURNED TO 20.09.2023.

Learned counsel for JD filed fresh calculation. Copy given.                            It is pointed out that JD had preferred an appeal against order/ decree under execution, being appeal no. 433/2022. Same has been disposed of by the Appellate Tribunal. The Tribunal was pleased to direct that Rs. 74,86,115/- deposited by appellant-promoter with the Tribunal in compliance of provision Section 43 (5) Act of 2016 along with the interest accrued thereon, be sent to the authority for disbursement to respondent-allottee, as per observations made by the Tribunal. The excess amount may be remitted to the appellant, subject to tax liability (if any).                        Learned counsel for DH requests to release the amount received from the Appellate Tribunal in favour of his client, at least the amount which is not disputed by JD.                       According to learned counsel for JD, his client has no objection, if an amount of Rs. 56,40,212/- be released in favour of DH/complainant.                         Considering all this, request is allowed. Let said amount of Rs.56,40,212/- be released in favour of DH/complainant. A copy of this order be sent to the Accounts Officer for compliance, and another copy be given to the DH.                    It is in dispute as what amount to be remitted in favour of JD and what in favour of JD. Both of learned counsels request to refer the matter to the Accounts Officer for calculation in this regard. Request is allowed. Parties are referred to the Accounts Officer, for calculation of the amount, as per order passed by the Appellate Tribunal.  Parties to appear before the accounts officer on 06.07.2023.                To come on 21.07.2023 before this forum for further proceedings. Accounts Officer to file report till this date.

Adjudicating Officer is on leave.                          Adjourned to 29.05.2023 for further proceedings.

It is submitted by learned counsel for JD that matter is still pending before the Appellate Tribunal.                          To come on 27.04.2023 for further proceedings.

It is submitted by learned counsel for JD that his client has already filed an appeal against decree under execution and the decretal amount has also been deposited before the Appellate Tribunal.                       The appeal has been filed in apex court today to come for further proceedings on 27.03.2023.

It is submitted by learned counsel for JD that his client has already filed an appeal before the Appellate Tribunal and next date there is 21.11.2022.                          To come on 13.01.2023 for further proceedings.

It is submitted by learned counsel for JD that an appeal against decree under execution   has been filed and the decretal amount has also been deposited before the  Appellate Tribunal.                  To come on   17.10.2022 for further proceedings.

Adjudicating Officer is on leave. Adjourned to  25.08.2022.