AGC REALTY PVT. LTD. Vs. RAJ RANI

JUDGEMENT

(1.) For the purpose of admission, Shri Abhishek Khare, learned counsel for the appellant assisted by Ms. Aahuti Agrawal says that in the instant appeal assailing the order dtd. 8/12/2022 passed by Uttar Pradesh Real Estate Appellate Tribunal Lucknow (in short "Lucknow") in appeal No.308 of 2019 (Smt. Rajrani and another vs. M/S Agc Realty Private Limited), the main issue revolves around the expression 'ongoing project' which expression, infact, has not been defined under the Act, namely, Uttar Pradesh Real Estate (Regulation and Development) Act, 2016 (in short "Act of 2016"), however, the same has been indicated in the U.P. Real Estate Regulation And Development Rules, 2016 (in short " Rules of 2016"), particularly, Rule 2(h).

(2.) He submitted that this aspect of the case is required to be dealt with as it strikes the issue of jurisdiction of the Tribunal. If this Court comes to the conclusion that the project in issue of the present appellant was an 'ongoing project' as defined under Rule 2(h) of Rules, 2016, at the time of filing of the complaint, then in that case, the claim was rightly entertained else the Tribunal was not having jurisdiction to decide the claim of the private opposite parties and the order would be set aside on the ground of jurisdiction.

(3.) It would be apt to refer that the present appeal has been preferred by the appellant-M/S Agc Realty Private Limited under Sec. 58 of the Act of 2016. It is also settled principle of law that the appeal under Sec. 58 is akin to the second appeal as provided under Sec. 100 of Code of Civil Procedure, meaning thereby, if the appeal involves substantial question of law, then can only be entertained otherwise the appeal can be dismissed at the admission stage.