SWARJEET SAGI Vs. D. SRINIVAS

JUDGEMENT

(1.) In these two appeals Shri Swarjeet Sagi and Shri Kashya Dhruv are the sons in law of Mr. Sunil J. Sachdev, who is the managing partner of M/s. Gharonda Builders and Developers and Smt. Meenal Dhruv is the daughter of Sunil J. Sachdev. The contention of all these three persons are that the impugned orders of the State Commission dtd. 27/1/2021 in these appeals arising out of complaint no. 56 of 2015 and 50 of 2015, works great injustice, in as much as, they are neither partners of the developer/ builder firm, M/s. Gharonda Builders and Developers, nor they are even remotely connected with it and as such they were incorrectly arrayed as opposite parties in the complaint. They are nowhere liable for any deficiencies alleged against the Builder/ Developer. However, the appellants did not appear before the State Commission and in the absence of any written version being filed on their behalf, their right to file a written version was forfeited. They moved an application seeking to set aside the ex parte order, which was dismissed on 8/1/2019. An appeal was filed before this Commission against the said order, which was also dismissed on the ground of being barred by time.

(2.) The appellants then moved IA/723/2019 in CC/50/2015 and a similar application was filed in the connected matter. A copy of the application no. 723 of 2019 has been filed on record and the affidavit filed in support thereof dtd. 4/6/2019 is extracted herein under:

(3.) Through the application filed accompanying the said affidavit a prayer was made to allow the partnership deeds pertaining to the firm M/s. Gharonda Builders and Developers to be brought on record to demonstrate that the appellants had absolutely no concern with the reliefs sought for in the complaint as they were neither partners and nor had anything to do with the development being made by M/s. Gharonda Builders and Developers.