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2022 Supreme(P&H) 1858

ANIL KSHETARPAL
Rise Project Private Limited – Appellant
Versus
Municipal Corporation, Faridabad – Respondent


Advocates appeared:
Mr. Rajiv Atma Ram, Senior Advocate with Mr. Amandeep Singh Talwar, Advocate, for the Appellant; Mr. Lokesh Sinhal, Advocate, for the Respondent

JUDGMENT

Anil Kshetarpal, J. - While invoking the powers under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the RERA Act, 2016'), the allottee has assailed the correctness of the order passed by the Haryana Real Estate Appellate Tribunal (hereinafter referred to as 'the HREAT').

2. On 25.05.2022, after hearing the preliminary arguments, the following order was passed:-

    'The learned senior counsel representing the appellant, while drawing the attention of the Court to the observations made by the Tribunal at page 69 of the paper-book, contends that the Tribunal, after observing in the following manner, has proceeded to set aside the order dated 10.11.2021 and 16.04.2021:-

    '53. At the cost of repetition, it is pertinent to mention that the impugned order dated 10.11.2021 has totally reserved the observations/findings of the learned Authority in its previous order dated 16.03.2021 on the issue of payment of interest for delay in completion of infrastructure works. Such a somersault is not legally permissible. This problem arises as there is a tendency with this Authority to pass the multiple orders to substantially decide the rights of

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