Mr. Justice Manish Choudhury

To establish Right and Interests under Section 13(7) of SARFAESI Act, 2002 for the residual money, Writ under Article 226 is not a proper proceeding – Trishila Chetry @ Trishna Chetry Vs. The State of Assam and 8 Ors. – Gauhati High Court

June 11, 2024 / 21 minutes of reading

The provisions contained in Section 13(7) of the SARFAESI Act, 2002 has made it clear that the residue of the money is to be paid to the person entitled to in accordance with his rights and interests. Thus, to receive any part of the residual amount, a person has to establish his rights and interest. The writ proceeding under Article 226 of the Constitution of India is not a proper proceeding to establish the petitioner’s right and interests in so far as the residual amount is concerned as the petitioner has to establish such rights and interest.

To establish Right and Interests under Section 13(7) of SARFAESI Act, 2002 for the residual money, Writ under Article 226 is not a proper proceeding – Trishila Chetry @ Trishna Chetry Vs. The State of Assam and 8 Ors. – Gauhati High Court Read Post »

When an order is made by a RERA or by an Adjudicating Officer directing the Promoter to pay to the Allottee the total amount including the interest as compensation imposed on him, the promoter if he intends to file an appeal before the Appellate Tribunal is required to deposit such total amount as ordered to be paid by the RERA or the Adjudicating Officer at the time of submitting any such memorandum of appeal – Mee Infrastructure Pvt. Ltd. Vs. The State of Assam and 2 Ors. – Gauhati High Court

May 25, 2022 / 12 minutes of reading

The proviso to Section 43(5) of the Real Estate [Regulation and Development] Act, 2016 lays down that where a promoter files an appeal with the Appellate tribunal, such an appeal is not to be entertained, without the promoter first having deposited with the Appellate Tribunal at least 30% of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the petitioner including interest and compensation imposed on him, or with both, as the case may be, before the said appeal is heard. When an order is made by a Real Estate Regulatory Authority or by an adjudicating officer directing the promoter to pay to the allottee the total amount including the interest as compensation imposed on him, the promoter if he intends to file an appeal before the Appellate Tribunal is required to deposit such total amount as ordered to be paid by the Real Estate Regulatory Authority or the adjudicating officer at the time of submitting any such memorandum of appeal.

When an order is made by a RERA or by an Adjudicating Officer directing the Promoter to pay to the Allottee the total amount including the interest as compensation imposed on him, the promoter if he intends to file an appeal before the Appellate Tribunal is required to deposit such total amount as ordered to be paid by the RERA or the Adjudicating Officer at the time of submitting any such memorandum of appeal – Mee Infrastructure Pvt. Ltd. Vs. The State of Assam and 2 Ors. – Gauhati High Court Read Post »