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2024 Supreme(Ker) 212

A. BADHARUDEEN
IFCI Infrastructure Development Limited – Appellant
Versus
Kerala Real Estate Regulatory Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant : VINOD MADHAVAN, M.V.BOSE, BIJU VARGHESE ERUMALA, SANIYA C.V.
For the Respondent: SRI.C.M.NAZAR, M.P.SHAMEEM AHAMED
AKHIL PHILIP MANITHOTTIYIL

JUDGMENT :

This miscellaneous second appeal is at the instance of M/s.IFCI Infrastructure Development Limited, who is the respondent in Suo Motu complaint No.3147/K-RERA/2021. The respondents herein are the Kerala Real Estate Regulatory Authority (hereinafter referred to as 'K-RERA' for short) and additional respondents 2 to 5 are the respective allottees (hereinafter referred to as 'allottees' for short).

2. Heard the learned counsel for the appellant/promoter, the learned counsel for the allottees and the learned Standing Counsel for the K-RERA.

3. I shall refer the parties in this miscellaneous second appeal as “promoter”, “allottees”, “K-RERA” and “Appellate Tribunal” for convenience.

4. At the time of admission, as per order dated 02.03.2023, my learned predecessor raised the following substantial questions of law:

    1. Whether the direction for registration of the appellant's project by the K-RERA is legal and in consonance with the provisions of the Act?

2. Does the appellant retain any right over the project handed over to the association in terms of the law then in force so as to mulct with the responsibility of registration under the RERA Act?”

5. The learned counsel for the prom

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