SHREE VARDHMAN DEVELOPERS P LTD v. STATE OF HARYANA
CWP/9247/2025 · 2025-04-01
Sudhir Singh, Sukhvinder Kaur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40347 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40347 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CWP-9247-2025
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-9247-2025 (O&M)
Date of decision:01.04.2025
SHREE VARDHMAN DEVELOPERS (P.) LTD.
……Petitioner
Versus
STATE OF HARYANA & ORS.
…..Respondents
CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH
HON’BLE MRS. JUSTICE SUKHVINDER KAUR
Present:- Mr. Jeevan Gautam, Advocate for the petitioner.
SUDHIR SINGH, J.
The petitioner has sought issuance of a writ in the nature of Certiorari for quashing the order dated 12.07.2022 (Annexure P-2) passed by the Haryana Real Estate Regulatory Authority, Panchkula, whereby a complaint filed by the respondent No.2 was disposed of with a direction that the petitioner was liable to pay due EMI(s) along with interest or penalty if imposed by the Bank for the non-payment of due/EMI and clear outstanding dues within 90 days of uploading of this order.
2.
On advance copy of the service of the petition, Mr. Ankur Mittal, Additional A.G., Haryana; Ms. Kushaldeep Kaur, Advocate; Ms. Saanvi Singla, Advocate and Mr. Shubham Chauhan, Advocate appearing for respondent No.1 and 3, submits that the HIMANSHU 2025.04.09 16:46 I attest to the accuracy and authenticity of this order/judgment.
CWP-9247-2025
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present writ petition is not maintainable as the petitioner has an alternative remedy under Section 44 of the Haryana Real Estate Regulatory Authority Act, 2016 to prefer an appeal against the impugned order before the Haryana Real Estate Appellate Tribunal.
3.
The said submission could not be countered by the
learned counsel for the petitioner.
4.
In view of the above, the present writ petition is disposed of with liberty to the petitioner to file an appropriate appeal before the Haryana Real Estate Appellate Tribunal in terms of Section 43(5) read with Section 44 of the RERA Act, 2016, within a period of 60 days. It is made clear that if any such appeal/application is filed, the same shall be considered and decided on its merits uninfluenced by the
order passed by this Court.
5.
Pending application(s), if any, shall also stand disposed of.
[ SUDHIR SINGH ]
JUDGE
[ SUKHVINDER KAUR]
JUDGE
01.04.2025 himanshu
Whether speaking/reasoned
Yes/No Whether reportable
Yes/No HIMANSHU 2025.04.09 16:46 I attest to the accuracy and authenticity of this order/judgment.