ROYAL GREEN OWNERS CONDOMINIUM ASSOCIATION Vs. RITU SINGH

JUDGEMENT

(1.) Petition herein is for setting aside order dtd. 9/3/2023 (Annexure P-5), whereby the application moved by petitioner, under Order VII Rule 11 CPC for rejection of plaint, was dismissed.

(2.) Succinct facts first, as pleaded in the instant petition.

(3.) Apart from the reasons given by Ld. Court below, as reproduced above, I am of the view that reliance placed on Sec. 89 of Act of 2012 by learned counsel for petitioner is totally untenable as the Sec. itself makes it amply clear that no Court's jurisdiction to entertain or proceed in a suit is excluded only in cases which are required to be inquired/ settled by Authority under the Act of 2012. The cases to be inquired/ settled by the Authority under the Act of 2012 have to be necessarily as per Ss. 52 to 55 of the Act of 2012. For ready reference, the said Sec. are reproduced herein below: