Case law, Tamil Nadu land law
Common Order in Appeal (SR) Nos.736 and 738 of 2022
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry, Andaman and Nicobar Islands, issued the Common Order in Appeal (SR) Nos.736 and 738 of 2022 on 15 September 2023, closing both appeals filed by M/s. Dugar Housing Limited. The company may seek restoration of the appeals if it succeeds in its pending writ petitions before the High Court.
What the common order does
The Common Order in Appeal (SR) Nos.736 and 738 of 2022 was issued by the Tamil Nadu Real Estate Appellate Tribunal on 15 September 2023. It closes two appeals filed by M/s. Dugar Housing Limited against orders of the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority.
The closure is conditional. M/s. Dugar Housing Limited has permission to seek restoration of the appeals if it succeeds in W.P.(SR) Nos.78910 and 78911 of 2023 before the High Court. Any connected miscellaneous applications that remained pending were also closed.
Dispute and parties
Appeal (SR) Nos.736 and 738 of 2022 were filed under Section 44 of the Real Estate (Regulation and Development) Act, 2016. M/s. Dugar Housing Limited asked the Tribunal to set aside the Adjudicating Officer's order dated 22 August 2022 in C.C.P. Nos.208 and 209 of 2021 and dismiss the complaints.
The parties identified in the appeals are:
- M/s. Dugar Housing Limited, appellant in both appeals.
- K. Arangannal and A. Arasi, respondents in Appeal (SR) No.736 of 2022.
- Dr. N. Jayanthi, respondent in Appeal (SR) No.738 of 2022.
Pre-deposit and High Court proceedings
The Tamil Nadu Real Estate Appellate Tribunal had earlier, by an order dated 5 June 2023, rejected the appellant's request to waive the pre-deposit contemplated under Section 43(5) of the Act. The Tribunal followed the Supreme Court judgment in Newtech Promoters and Developers Pvt. Ltd. versus State of Uttar Pradesh and Others and gave the appellant three weeks to make the pre-deposit.
M/s. Dugar Housing Limited challenged the 5 June 2023 order through W.P.(SR) Nos.78910 and 78911 of 2023. Its counsel told the Tribunal that the High Court had heard those writ petitions and reserved them for orders on 14 July 2023.
Practical effect
The Common Order does not record a decision setting aside the Adjudicating Officer's order or dismissing the underlying complaints. Instead, it closes the appeals for the present while preserving a route for the developer to seek restoration if the High Court writ petitions succeed.
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Common questions
Were the appeals decided in favour of M/s. Dugar Housing Limited?
No. The Tamil Nadu Real Estate Appellate Tribunal closed the appeals without recording that the Adjudicating Officer's order was set aside or that the complaints were dismissed.
Can M/s. Dugar Housing Limited reopen these appeals?
The company may seek restoration of Appeal (SR) Nos.736 and 738 of 2022 if it succeeds in W.P.(SR) Nos.78910 and 78911 of 2023.
Did the Tribunal waive the developer's pre-deposit?
No. By its earlier order dated 5 June 2023, the Tribunal rejected the request to waive the pre-deposit contemplated under Section 43(5) and allowed three weeks for payment.
What happened to connected miscellaneous applications?
Any connected miscellaneous applications that were pending were closed along with the appeals.
