Appellant / Complainant
G S Promoters Private Limited
Respondent
Mayank Jain
g s promoters private limited
Respondent
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126003352021 by G S Promoters Private Limited against Mayank Jain before up_rera.
Notice
The Tribunal rejected the application for condonation of delay and dismissed the appeal as non-maintainable due to the High Court's prior dismissal of a writ petition without liberty to seek alternative remedies. The order further directs that funds deposited by the promoter under Section 43(5) be released to the respondent allottee, subject to verification from the Regulatory Authority.
For Order
The Tribunal directed the Registry to issue a notice to the appellant regarding the fixed date and scheduled the appeal for hearing on 13.02.2025.
Hearing
The Tribunal heard arguments regarding the application for condonation of delay in filing the appeal and has reserved its order.
Hearing
The Tribunal granted an adjournment due to the appellant's counsel's illness and scheduled the case for orders/hearing on 23.09.2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted the appellant a final 7-day extension to comply with the previous order dated 24.07.2024 and scheduled the matter for hearing on 06.09.2024.
Hearing
The Tribunal granted a final opportunity to the appellant to upload the application for withdrawal of Writ Petition No. 20017 (MB) of 2018 within one week and scheduled the next hearing for August 21, 2024.
Hearing
The Tribunal granted an adjournment request from the appellant's counsel and scheduled the hearing for the application for condonation of delay on 24.07.2024.
Hearing
The Tribunal granted the applicant one week to produce the withdrawal application filed in the High Court to verify if liberty was sought, and listed the defective appeal for 29.05.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on 10.04.2024.
Hearing
The Tribunal granted the appellant 10 days to research and file a reply to the respondent's objections and scheduled the hearing for March 11, 2024.
Hearing
The Tribunal adjourned the proceedings and issued a final warning to the appellant to comply with the order dated 28.03.2023 regarding the submission of a CA certificate for interest liability and Section 43(5) requirements, failing which the defective appeal will be dismissed.
For Order
The Tribunal directed the appellant to ensure compliance with the order dated 28.03.2023 and Section 43(5) of the Act, listing the defective appeal for hearing on 10.07.2023.
For Order
The Tribunal adjourned the proceedings due to the absence of the appellant's counsel and scheduled the case for hearing/orders on 29.05.2023.
For Order
The Tribunal permitted the appellant to file a Chartered Accountant certificate to verify interest liabilities on recovered amounts to ensure compliance with Section 43(5) of the Act. Additionally, a cheque for Rs. 4,80,000/- was handed over to the respondent's counsel as compensation per High Court directions.
For Order
The Tribunal granted a final one-week extension to the appellant to rectify procedural defects and comply with Section 43(5) of the Act, warning that failure to do so by the next hearing will result in dismissal.
Tribunal Order #0901126003352021-29-05-2023
The Tribunal directed the appellant to ensure compliance with the order dated 28.03.2023 and Section 43(5) of the Act, listing the defective appeal for hearing on 10.07.2023.
Tribunal Order #0901126003352021-28-03-2023
The Tribunal permitted the appellant to file a Chartered Accountant certificate to verify interest liabilities on recovered amounts to ensure compliance with Section 43(5) of the Act. Additionally, a cheque for Rs. 4,80,000/- was handed over to the respondent's counsel as compensation per High Court directions.
Tribunal Order #0901126003352021-13-02-2025
The Tribunal rejected the application for condonation of delay and dismissed the appeal as non-maintainable due to the High Court's prior dismissal of a writ petition without liberty to seek alternative remedies. The order further directs that funds deposited by the promoter under Section 43(5) be released to the respondent allottee, subject to verification from the Regulatory Authority.
Tribunal Order #0901126003352021-11-01-2024
The Tribunal adjourned the proceedings and issued a final warning to the appellant to comply with the order dated 28.03.2023 regarding the submission of a CA certificate for interest liability and Section 43(5) requirements, failing which the defective appeal will be dismissed.
Tribunal Disposal & Final Award Ruling
The Tribunal rejected the application for condonation of delay and dismissed the appeal as non-maintainable due to the High Court's prior dismissal of a writ petition without liberty to seek alternative remedies. The order further directs that funds deposited by the promoter under Section 43(5) be released to the respondent allottee, subject to verification from the Regulatory Authority. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal rejected the application for condonation of delay and dismissed the appeal as non-maintainable due to the High Court's prior dismissal of a writ petition without liberty to seek alternative remedies. The order further directs that funds deposited by the promoter under Section 43(5) be released to the respondent allottee, subject to verification from the Regulatory Authority.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Sunendra Kumar
Respondent Advocate(s)
- Anagh Mishra
Official RERA Tribunal Orders (4)
The Tribunal directed the appellant to ensure compliance with the order dated 28.03.2023 and Section 43(5) of the Act, listing the defective appeal for hearing on 10.07.2023.
The Tribunal permitted the appellant to file a Chartered Accountant certificate to verify interest liabilities on recovered amounts to ensure compliance with Section 43(5) of the Act. Additionally, a cheque for Rs. 4,80,000/- was handed over to the respondent's counsel as compensation per High Court directions.
The Tribunal rejected the application for condonation of delay and dismissed the appeal as non-maintainable due to the High Court's prior dismissal of a writ petition without liberty to seek alternative remedies. The order further directs that funds deposited by the promoter under Section 43(5) be released to the respondent allottee, subject to verification from the Regulatory Authority.
The Tribunal adjourned the proceedings and issued a final warning to the appellant to comply with the order dated 28.03.2023 regarding the submission of a CA certificate for interest liability and Section 43(5) requirements, failing which the defective appeal will be dismissed.
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