FEDERATION OF RESIDENTS’ WELFARE ASSOCIATION

V-3/11 DLF Phase- III Gurugram-122001|                   Phone: 0124-4014318; 0124-4990107

 

25.08.2021

Dear Members,

 

The Hon’ble H-REAT court in the recent case of-

M/s Omaxe Ltd. & Anr.

Vs.

Dr. Seema Jain & Anr.

Held that issues raised by Ld. counsel for the respondents relate to the merits of the case. The present appeal is only against the interim Order and the grievance raised by the appellantpromoter is with respect to the appointment of Baldev Garg & Co. Chartered Accountant to examine the records of the respondents. In the present case, the allotment of only one unit is involved and for the adjudication of such dispute, in our view, this type of fishing enquiry by the Chartered Accountant should not be indulged into. The information sought by the Ld. Authority in Para 7 of the impugned order can be extracted by way of affidavit of the Director of the appellant-promoter. Thus, the impugned order dated 04th March, 2020 passed by the Ld. Authority is hereby modified. Instead of any examination of the records by the Chartered Accountant,the Director of the company, well-conversant with the facts of the case, will file his affidavit with respect to all the 5 points formed by the Ld. Authority in the impugned order with the Ld. Authority within a period of four weeks with advance copy to Ld. counsel for the respondents-allottees. The respondents-allottees will also be entitled to file the counter-affidavit, if they so desire.

All the best,

God bless u all

President,

Federation of Residents Welfare Association

V 3/11 DLF PHASE III

GURUGRAM-122002

HARYANA,

0124 4-14318,0124 4990107,08860332404.

Kuldeep Kumar Kohli 

PRESIDENT

FEDERATION OF RESIDENTS WELFARE ASSOCIATION