RAVINDER AGGARWAL vs IREO GRACE REALTECH PRIVATE LIMITED

RE-OPENED

Matter is adjourned to 10.11.2023.

This is a petition seeking execution of order passed by the authority dated 20.12.2018. It is pointed out that said order has been modified by the Appellate Tribunal, on an appeal filed by DH. Learned counsel for latter (DH) took me through order passed by the Tribunal dated 09.03.2022. It was held that Appellant-allottee was entitled for refund of the amount i.e. Rs. 4711034/-, already paid by the same to the respondent-promoter, along with interest at the prescribed rate as per Rule 15 of Rules i.e. 9.30% per annum.                         As per learned counsel for JD, only objection by his client is that amount of GST was not deducted, while calculating decretal amount payable by JD.  When no such amount was allowed to be deducted by the Appellate Tribunal, no reason to allow the prayer to deduct GST amount.                       Objection in this regard is thus dismissed.                      As per learned counsel for DH, she has already given details of amount to be paid by JD. In view of order passed by the Hon’ble High Court of Punjab & Haryana, Chandigarh, in case tilted as M/s International Land Developers Pvt. Ltd. Vs. Aditi Chauhan and others CWP No. 7738 of 2022, and M/s International Land Developers Pvt. Ltd. Vs. Nitin Mathur and others CWP 7750 of 2022 recovery certificate is required to be issued to collector concerned. Let recovery certificate be issued to collector, Gurugram. File be sent to Accounts Officer for 05.09.2023 to calculate the amount payable by JD and also to prepare recovery certificate.                    Be put up before this forum for 14.09.2023. Account Officer to file report till this date.

Advocates are abstaining from court work today. A request from District Bar Association, Gurugram has been received for suspension of today’s proceedings.                            Adjourned to 14.07.2023 for further proceedings.

Objections filed by learned counsel for JD, copy given to counsel for DH.                            To come on 28.04.2023 for arguments on objections raised by JD.