ISHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 1/6/2022 the following order had been passed by this court:-

(2.) Thereafter, upon CM-9289-CWP-2022 having been filed by respondent No.4, the following order was passed by this court on 8/7/2022:-

(3.) Today Mr. Sharma, learned senior counsel appearing for the petitioner, first submits that this petition had been filed invoking jurisdiction of this court under Articles 226/227 of the Constitution of India and not under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter to be referred as 'the Act of 2016'), in view of the fact that the petitioner is otherwise not actually aggrieved of the orders passed by either Real Estate Regulatory Authority, Gurugram or the Real Estate Appellate Tribunal (dtd. 9/2/2022 and 11/5/2022, Annexures P-33 and P-38 respectively), but is seeking a stay of the proceedings under the Act of 2016 till the decision of the learned Arbitral Tribunal as is seized of the dispute between the petitioner and respondent No.4; in view of the order passed by the Arbitral Tribunal on 2/12/2019, the operative part of which has already been reproduced by this court in its order dtd. 1/6/2022; thereby directing that status quo as was existing (on the date of the order dtd. 2/12/2019), be maintained by parties till the next date of hearing before the Tribunal; and with the parties therein not to institute any fresh proceeding against each other; and further, with a request made to the concerned authorities, Courts and Tribunals (by the Arbitral Tribunal), for an adjournment in any pending proceedings, so that the status quo is not disturbed till the next date of hearing. Mr. Sharma submits that the proceedings before the Tribunal continued till 30/5/2022, on which date the order in the Award was reserved.