Tulu Dey v. Madhu Agarwal and 3 Ors

O R D E R

19.06.2024

Heard Mr. T. J. Mahanta, the learned senior counsel assisted by Mr. P. K. Bordoloi, the learned counsel for the petitioner and Mr. R. Ali, the learned counsel appearing on behalf of the respondent.

¶2The learned senior counsel submits that in view of the Real Estate (Regulation and Development) Act, 2016 which came into force in the year 2017 and the dispute raised in the suit would have been better resolved before the Authority under the said Act of 2016, the application was filed for referring the dispute in Title Suit No.381/2018 to the RERA Authority. The learned senior counsel for the petitioner further submitted that the learned Trial Court however rejected the said application and it is under such circumstances, the instant application has been filed. The learned senior counsel for the petitioner fairly submits that in terms with the RERA Act, some of the prayers made in the suit cannot be adjudicated.

¶3Be that as it may, the petitioner is also aggrieved by the action of the builder. The learned senior counsel for the petitioner therefore submits Page No.# 3/3 that he would not like to pres the instant petition, but withdrawal of the instant petition should not preclude the petitioner to avail such remedies otherwise available under the law.

¶4Taking into account the above, this Court therefore closes the instant petition on withdrawal.

¶5It is however made clear that withdrawal of the instant petition shall not preclude the petitioner herein to avail other remedies which are available under the law more particularly under the Real Estate (Regulation and Development) Act, 2016, if so advised.

¶6The interim order so passed on 21.11.2022 stands vacated and as the parties are duly represented today, they are directed to appear before the learned Trial Court on 05.07.2024.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010176352022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP/117/2022o TULUoDEYo W/O-oSRIoDULALoDEY,oR/O-oMATRIoAPARTMENT,oFLAToNO.o2-A,o BARTHAKURoMILLoROAD,oULUBARI,oGUWAHATI,oDIST.oKAMRUP(M),o ASSAM,oPIN-o781007. VERSUSo MADHUoAGARWALoANDo3oORS.o W/O-oPANKAJoAGARWAL,oR/O-oAASTHAoAPARTMENT,oFLAToNO.o3-A,o REHABARI,oGUWAHATI,oKAMRUP(M),oASSAM,oPIN-o781008. 2:M/S.oGARGIoANDoASSOCIATESoPRIVATEoLIMITED oAoCOMPANYoINCORPORATEDoUNDERoTHEoCOMPANIESoACT o1956oHAVINGoITSoREGISTEREDoOFFICEoAToFLAToNO.o2-C oARATIoPLAZA oCHANDMARI oGUWAHATI-3 oDIST.oKAMRUP(M) oASSAM oREPRESENTEDoBYoITSoDIRECTORS. 3:CHABIoBHORALEEo@oBHARALI oDIRECTORoOFoM/S.oGARGIoANDoASSOCIATESoPRIVATEoLIMITED oRESIDENToOFoNIRUPAMAoAPARTMENT oTARUNoNAGAR oGUWAHATI oKAMRUP(M) oASSAM 4:UPASANAoBHORALEEo@oBHARALI oDIRECTORoOFoM/S.oGARGIoANDoASSOCIATESoPRIVATEoLIMITED oRESIDENToOFoNIRUPAMAoAPARTMENT Page No.# 2/3 TARUN NAGAR GUWAHATI KAMRUP(M) ASSA For the petitioner(s) : Mr. T. Mahanta, Sr. Advocate For the respondent (s) : Mr. R. Ali, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH