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2021 Supreme(Raj) 1293

AKIL KURESHI, UMA SHANKER VYAS
Union Bank of India, Jaipur, through its Authorised Officer – Appellant
Versus
Rajasthan Real Estate Regulatory Authority – Respondent


Advocates Appeared:
For the Petitioners: Rajendra Prasad, Devendra Sharma, Harshal Tholia, Rubal Tholia, Ankit Rahtore, Abhi Goyal, Nikhil Yadav, Priyanshi Katta, Namrata Malik, Priyanshu Malik, Siddharth Ranka, Anant Kasliwal, Samkit Jain, Mitesh Rathore, Shruti Rai, Ankit Sareen, Prakul Khurana, Jitendra Mishra, Jai Sharma, Ashutosh Bhatia, Ankit Jain, Pradeep Kumar Choudhary, Waseem Ahmed Qureshi, Saloni Dagur, Hardik Mishra, Dinesh Bishnoi.
For the Respondents: M.S. Singhvi, Siddhant Jain, M.M. Ranjan, Naresh Kumar Sejvani, Himanshu, Rohan Agarwal, R.K. Agarwal, Adhiraj Modi, Sunita Pareek, Anil Mehta, Archana, Yashodhar Pandey, Mehul Harkawat, Reashm Bhargava, Siddhant Paliwal, Mohit Khandelwal, Shubham Khandelwal, Dikshant Jain, Pallavi Mehta, Rudraksh Shrarma, Abhilasha Sharma, Rishi Raj Maheshwari, Nachiketa Pareek, Himanshu Jain, Lokesh Jangid, Bharat Vyas, Yogesh Pujari, Ravindra Singh Shekhawat, Goverdhan Singh, Pranjul Chopra, Novotna Rajawat, Ajit Maloo, Abhimanyu Yaduvanshi, Pratyush Sharma, Amit Chhangani, R.K. Kasana, Maneesh Sharma, Lakshay Pareek.

JUDGMENT :

AKIL KURESHI, J.

1. Central question involved in these petitions is of the validity of Regulation 9 of Rajasthan Real Estate Regulatory Authority Regulations, 2017 (hereinafter to be referred as ‘the Regulations of 2017’). Peripheral issues raised and consequential directions sought by the petitioners in different petitions vary. However since the validity of Regulation 9 of the Regulation of 2017 is the focal point, we have combined all these petitions for common consideration. Some of the petitions are filed by the promoters of housing projects against whom the allottees of residential units have approached RERA and in whose favour RERA has passed certain directions. Some of the petitions have been filed by the Banks who are the secured creditors of the promoters and who wish to take coercive measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter to be referred as ‘SARFAESI Act’) to recover their unpaid dues.

2. For convenience we may refer to facts stated in Civil Writ Petition No. 13688/2021. This petition is filed by the Union Bank of India. The petitioner has challenged the validity of Regul

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