OPTIMIZE INFRACON Vs. GUJARAT REAL ESTATE APPELLATE TRIBUNAL

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India the petitioner has prayed for the following reliefs:-

(2.) From the aforesaid prayer itself it can be seen clearly that the Appeal No.22 of 2020 filed before the Real Estate Appellate Tribunal Gandhinagar preferred by the present petitioner is pending before the Rera Tribunal and as one of the member of the Tribunal, who was the authority, who passed the impugned order and therefore, the appeal preferred by the petitioner was adjourned sine die. In the meantime, the respondents have preferred an application for execution of the order dtd. 19/12/2019, for the purpose of grant of interim relief, this petition is preferred which would indicate that the main matter being Appeal No.22 of 2020 preferred by the present petitioner is pending before the Rera Tribunal whereby the order dtd. 19/12/2019 passed by Gujarat Real Estate Regulatory Authority Gandhinagar in CMP/AHMEDABAD/190521/000152 is pending before the Rera Tribunal but as the same is adjourned sine die, only for the limited purpose of grant of interim relief, present petition is preferred.

(3.) The matter was finally heard with consent of all the parties on 15/9/2022 and thereafter, the order / judgment was reserved once the arguments were concluded.