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2024 Supreme(Gau) 680

MITALI THAKURIA
Bipul Bharali S/o Late Madhab Bharali – Appellant
Versus
Prasanta Das S/o Late Kiran Ch. Das – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. P SAIKIA
For the Respondent: MS S DEV

JUDGMENT :

Heard Mr. P. Saikia, learned counsel for the appellant. Also heard Mr. M. Dutta, learned counsel for the respondent.

2. This is an appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 read with Section 100 of the Code of Civil Procedure, 1908, preferred by the appellant, against the judgment and order dated 25.04.2023, passed by the Assam Real Estate Appellate Tribunal, Guwahati in REAT/ASSAM/Appeal No. 13/2022, arising out of RERA Complaint No. RERA/ASSAM/COM/2021/53, whereby the learned Tribunal dismissed the appeal filed by the appellant.

3. The brief facts of the case is that the appellant is the proprietor of M/S Bipul Construction, a registered proprietorship Firm/Builders/Promoters dealing with Real Estate/Construction of Flats/Apartments/Residential Units and allied business having its registered Office at Bipul Complex, 3rd Floor, Maligaon Chariali, District Kamrup (M), Assam. On the strength of Irrevocable General Power of Attorney vide Deed No. 3710/13, dated 15.10.2013, and 3167/14, dated 29.08.2014, and Deed of Agreement for Development being Deed No. 463/13, dated 15.10.2013, and Deed No. 3167/14, dated 29.08.2014, executed by and

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