AVALON PROJECTS Vs. ADJUDICATING OFFICER

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the concerned Adjudicating Authority is not deciding the preliminary objection/s made by the petitioner with regard to the maintainability of the application for refund and interest on the ground of jurisdiction.

(2.) Learned counsel for the petitioner submits that the scope of Adjudicating Officer (hereinafter referred as "A.O.") is only to the extent of granting compensation and interest thereto, but so far as refund and interest thereto part is concerned, the A.O. would have no jurisdiction. Learned counsel submits that while his application is pending, the A.O. is insisting on filing of reply on merits too and he should be directed to hear the preliminary objection/s first.

(3.) The prayer made by the learned counsel for the petitioner is essentially for seeking directions to interfere with the proceedings pending before the A.O. The A.O. to decide the application of the petitioner and is insisting on petitioner to file reply on merits too.