[2025:RJ-JP:11037]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 278/2023

1. B D I Residents Welfare Society Sun Shine City, Alwar Bhiwadi State Highway Bhiwadi Through President Rakesh Kumar S/o Sh. Matadeen Sharma Aged About 53 Years, R/o Flat No. Saphaya 206, Bdi Sun Shine City Alwar By Road Bhiwadi, Tehsil Tapukada, District Alwar

2. Kamal Kumar S/o Sh. Jai Prakash Vice- President, B D I Residents Welfare Society Sun Shine City Alwar Bhiwadi State Highway Bhiwadi R/o Saphaya 709, Bdi Sun Shine City, Bhiwadi, Tehsil Tapukada, District Alwar

3. Simardeep Singh S/o Shree Dhanna Singh, Secretary Bdi Residents Welfare Society Sun Shine City Alwar Bhiwadi State Highway Bhiwadi R/o Pearl B-108, Sun Shine City, Bhiwadi, Tehsil Tapukada, District Alwar

4. Devendra Singh S/o Sh. Choudhary Balbir Singh, Treasure Bdi Residents Welfare Society Sun Shine City Alwar Bhiwadi State Highway Bhiwadi R/o Saphaya 205, Bdi Sun Shine City, Bhiwadi, Tehsil Tapukada, District Alwar

5. Deepak Goyal S/o Sh. Murari Lal Goyal, Executive Member Bdi Residents Welfare Society Sun Shine City Alwar Bhiwadi State Highway Bhiwadi R/o Emroyad 204, Bdi Sun Shine City, Bhiwadi, Tehsil Tapukada, District Alwar

6. Krisan Chand S/o Sh. Dariya Singh, Executive Member Bdi Residents Welfare Society Sun Shine City Alwar Bhiwadi State Highway Bhiwadi R/o Saphaya 306, Sun Shine City, Bhiwadi, Tehsil Tapukada, District Alwar

7. Mukesh Khanna S/o Sh. Shivnath Khanna, Executive Member Bdi Residents Welfare Society Sun Shine City Alwar Bhiwadi State Highway Bhiwadi R/o Saphaya 408, Bdi Sun Shine City, Bhiwadi, Tehsil Tapukada, District Alwar ----Petitioners Versus

1. B D I Estate Pvt. Ltd., Registered Office B-405, Spectrum Fourth Floor, Bdi Sun Shine City Alwar- Bhiwadi State Highway Bhiwadi Tehsil Tijara, District Alwar Rajasthan Through Maintenance Manager (Authorized Person)

Abhishek Shah S/o Shree Shankar Shah, R/o A-68, 69, Nanhe Park Uttam Nagar New Delhi, Now Maintenance Manager, Bdi Estate Pvt. Ltd. Rag. Office B-405, Spectrum 4 Floor Bdi Sun Shine City, Alwar- Bhiwadi State Highway, Tehsil Tijara, District Alwar Now Khairthal Tijara.

2. Berry Developers Pvt. Ltd And Infrastructure Pvt. Ltd., Corporate Office Building No. 80, Third Floor, Sector 44, Adjoining Ramada Hotel Gurugram(Hr.) 122002, Present Office Sun Shine City Alwar- Bhiwadi State Highway Bhiwadi Through Director.

----Respondents For Petitioner(s) : Mr. Deepak Soni with Ms. Jyoti Soni For Respondent(s) : Mr. Sandeep Pathak Mr. Umesh Nagpal Mr. R.K. Tongawat HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

10/03/2025

1. Instant revision petition is preferred by petitioner defendants aggrieved from dismissal of application under Order VII Rule 11 read with Section 151 CPC on 20.10.2023 in civil suit no. 34/38/

2023 passed by learned Civil Judge, Bhiwadi, District Alwar.

2. Learned counsel for petitioners while referring Section 31 of Rajasthan apartment Ownership Act, 2015 (hereinafter referred as “the Act of 2015”) submitted that the suit was filed by respondent no.1 builder and developer for injunction both mandatory and prohibitory. He further submitted that the Rajasthan Apartment Ownership Act, 2015 has come into force and Bhiwadi Integrated Development Authority was already taken care of as an authority under the act. He further submitted that Section 31 of Act of 2015 bars the filing of civil suit on the matter reserved for consideration by the competent authority and also by appellate authority as provided under Section 25 and 26 of the Act of 2015. He also submitted that the respondent no.1 plaintiff has filed a suit contrary to the provision of law and he is causing a hindrance in the management and affairs of BDI Residents Welfare Society (RWA) affirmed by flat owners. He also submitted that the plaintiff in garb of the suit is threatening to disconnect electricity and water connection and further demanding illegal charges from the flat owners. He further submitted that p