EMINENT INFRADEVELOPERS PVT. LTD. Vs. RASHMI BALA AHLUWALIA

JUDGEMENT

(1.) Questioning the veracity of the judgement dated 29.08.2018, as passed by the Uttarakhand Real Estate Appellate Tribunal in Appeal No. 7 of 2018, Ms Eminent Infra Developers Private Ltd. v. Smt. Rashmi Bala Ahluwalia, whereby the learned Appellate Tribunal, while exercising its powers under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter to be referred as the Act), has dismissed the appeal of the appellant, and as a consequence thereto has affirmed the judgement and order passed by the Chairman, The Real Estate Regulatory Authority on 24.07.2018.

(2.) It is reported by the Registry that there is delay of 245 days which has chanced in filing the present second appeal. In support of the delay condonation application, the appellant has come up with the case in the affidavit filed in support thereto, that though he was vested with the authority by the Board of Directors dated 05.06.2018 for pursing the Appeal but his mobility was hampered on account of the ailment which he was suffering from because he was suffering from jaundice from first week of December and he has resumed his work only in July, 2019 and thereafter the appeal was filed on 31.08.2019, hence he submits that for the aforesaid reasons, in fact, there is no delay as such which is deliberate or intentional in preferring the appeal on part of the appellant.

(3.) This Appeal, after being instituted was initially represented by Mr. Bhuwan Chaddha, Advocate, who, on 10.10.2019 had ensured his appearance by filing his authority on behalf of the respondent. But the authority was not filed by him and as a consequence thereto, the notice was issued to respondent, which was reported by the Registry of this Court on 18.10.2019, to have been served personally. There was a representation of the respondent also in 31.10.2019 proceedings wherein the present counsel, Mr. Suyash Pant has ensured to file his authority on behalf of the respondent and as a consequence thereto, he filed his vakalatnama on 01.11.2019 and thereafter he prayed for and he was granted time to file his objection to the delay condonation application. Section 58 of the Act and its proviso reads under-