Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28279 Court No. - 8 Case :- RERA APPEAL No. - 46 of 2025 Appellant :- Dharmender Rana Respondent :- U.P. Avas Vikas Parishad, Lko. Counsel for Appellant :- Pradeep Tiwari,Harish Pandey Hon'ble Jaspreet Singh,J. The instant second appeal has been preferred against the order dated 13.02.2025 passed by the U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No. 20/2024: Dharmender Rana Vs. U.P. Awas Evam Vikas Parishad. The submission of learned counsel for the appellant is that the case before the first appellate authority was in respect of grant of interest. While granting the aforesaid relief, the appellate Tribunal has relied upon the judgment dated 06.11.2020, wherein the interest was granted at the rate of 1 % + MCLR till the date of issuance of the Occupation Certificate/Completion Certificate dated 28.02.2019. It is urged that this appears to be incorrect for the reason that in the order dated 06.11.2020 in paragraph 17 the interest was granted at the rate of 1 % +MCLR from the date of default, till the date of issuance of OC/CC or till the handing over of the possession, whichever is later. It is urged that once the earlier order dated 06.11.2020 was being relied upon, then the appellant also should have been granted the same remedy. However, by constricting the same, the appellate authority has committed an error. A specific query was put to the learned counsel for the appellant, as to whether the appellate tribunal has power to review its order.
Learned counsel for the appellant, at this stage, submits that he may be permitted to withdraw the appeal with liberty to avail the remedy of review. Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty.
Order Date :- 14.5.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench