Commercial Courts in Uttar Pradesh: FAQ

Where are the Courts established and what are their territorial Jurisdictions? In Uttar Pradesh, as per GO dated 31.10.2017 and GO dated 02.11.2017 Commercial Courts have been notified/ established in 13 districts with territorial jurisdictions as hereinunder: S.N. Districts Territorial Jurisdiction over districts  1 Agra Agra, Mathura, Mainpuri, Firozabad 2  Aligarh Aligarh, Hathras Etah, Kasganj … Read more

Why & When Auction under RERA recovery certificates may frustrate?

Under the Real Estate (Regulation and Development) Act 2016 (“RERA Act 2016”) a complaint is filed under section 31 or 71 depending on the nature of the relief sought if there is a contravention of any of the provisions of the said Act. However, the powers of the Authority to adjudicate under section 31 is … Read more

A Decree passed against a minor without the proper appointment of a guardian is nullity ipso facto

On 16.07.2021 In SPECIAL LEAVE PETITION (C) NO.2492 OF 2021 K.P.  NATARAJAN  & ANR.  VERSUS MUTHALAMMAL & ORS. while dismissing the SLP the Hon’ble Court held that: 1.High Court can Exercise its wider powers under Article 227  while sitting in civil revision to prevent miscarriage of justice. Powers of the High Court under Article 227 are in addition to and wider than the powers under Section 115 of the Code. ● 2.Non-appointment of guardian of minor by civil court and then deciding matter ex-parte is against Order XXXII … Read more

Allottee has the discretion to seek refund in case of delay from Promoter

In the Uttar Pradesh Real Estate Appellate Tribunal Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Aadi Best Consortium Pvt. Ltd. … Appellant; Versus Gita Devi … Respondent. Appeal No. 81/2020 Decided on June 7, 2021 1. The present appeal has been filed by M/s Aadi Best Consortium Pvt. Ltd., Ghaziabad (the “Appellant/Promoter”) under section 44 of the Real Estate (Regulation and Development) Act, 2016 (the “Act”) aggrieved … Read more

Relief from Court where there is “inequality of bargaining power” between contracting parties.

In the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Samar Vijay Singh … Appellant; Versus Vice Chairman, Lucknow Development Authority … Respondent. Appeal No. 143 of 2019 Decided on June 9, 2021 1. This appeal has been preferred by Sri. Samar Vijay Singh (hereinafter referred to as ‘the appellant’) aggrieved against the order of the … Read more

There should be an end of litigation. Delay Condonation Rejected.

In the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Tej Bahadur Singh, Member (Judicial) and Rajiv Misra, Member (Administrative)) Appeal No. (D) 480/2020 Lucknow Development Authority … Appellant; Versus Anupama Singh … Respondent. And Appeal No. (D) 481/2020 Lucknow Development Authority … Appellant; Versus Murli Manohar Verma … Respondent. Appeal No. (D) 480/2020 and Appeal No. (D) 481/2020 Decided on June 11, 2021, [Disposal … Read more

Return of Money order can be made only at the interest rate prescribed in the RERA Act and Rules at MCLR+1%

Judgement of the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Parsvnath Developers Limited … Appellant; Versus Pankaj Agarwal … Respondent. Appeal No. 503 of 2020 (Complaint No. 120186276) Decided on June 11, 2021 1. This appeal has been preferred by M/S Parsvnath Developers Limited (Promoter) under Section 44 of the Real Estate (Regulation and Development) Act, 2016 (‘the Act, 2016’) aggrieved against the … Read more

Promoter’s Appeal can’t be heard till it deposits the full amount.

In the Uttar Pradesh Real Estate Appellate Tribunal† (Before Dr. D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Complaint No. 120186000 G.S. Promoters Pvt. Ltd. … Appellant; Versus Mayank Jain and Another … Respondents. Appeal No. (D) 37 of 2021 Decided on February 9, 2021 1. This defective appeal has been filed on 12.01.2021 by M/s G.S. Promoters Pvt. Ltd. (hereinafter “the applicant/promoter”) … Read more

RERA is applicable to all real estate projects, even if a completion certificate is issued to the project.

The domain of the RERA authority extends even to the projects which have not been registered, and also not exempted from registration. No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, … Read more

Transfer of Matrimonial Cases from one State to another by Supreme Court of India

What is a Transfer Petition? The Supreme Court of India is conferred with the responsibility to do complete justice. In the line of such duty, it has also got the jurisdiction to transfer a case pending either before a High Court or any other court (even at the investigation stage) in one state to a … Read more

How and where to challenge the Election of Society / Board of Management / AOA?

Introduction A Group of persons may form an association and give it a formal structure by registering it as a society under the Societies Registration Act, 1860.  Under different statutes associations are mandatorily to be formed and be registered as a society. Such association are often referred as statutory associations.  The affairs of such statutory … Read more