Comprehensive Complaint Details
Complaint Detail:RERA-GRG-659-2020
Party Dtls Self / Adv Name District Current Status Next Date of Hearing Complaint Dispatched Complaint Dispatched On Dispatched Tracking Id Complaint Dispatched Remarks First-Hearing/Scrutinized Remarks View Notice
GREENOPOLIS WELFARE ASSOCIATION V/S
ORRIS INFRASTRUCTURE PVT LTD
VENKET RAO GURUGRAM PENDING 07-Nov-2022 Not Yet Hearing date 03.10.2019 --
Complaint Listing Details
Date of Hearing Status Proceedings of the day Bench Order Order Uploaded On
07-Nov-2022 PENDING It is pointed out that case file has already been sent to the Authority on requisition received from it. Parties may appear before the Authority on date fixed. learned counsel for DH submits that this fact was not within his knowledge. --- ---
16-Sep-2022 PENDING Both of learned counsels seek time to file written  submissions. Be filed before next date.                          To come on 07.11.2022 at 2.00p.m. RAJINDER KUMAR --- ---
01-Aug-2022 PENDING Adjudicating Officer on leave, adjourned to 16.09.2022.    RAJINDER KUMAR --- ---
18-Jul-2022 PENDING Adjudicating Officer on leave, adjourned to 01.08.2022. RAJINDER KUMAR --- ---
21-Apr-2022 PENDING It is submitted by learned counsel for JD that certain development works  are going at the project site. The Authority has passed  order dated 12.04.2022 giving directions to his client  to develop/complete the project. Learned counsel seeks adjournment so that he could seek necessary directions from the Authority. All this is stronly objected by the learned counsel for DH. According  to him, there is no stay of proceedings till date.                          Keeping in view  all this, I think it proper  to adjourn the matter.                       To come on 18.07.2022 for further proceedings.  RAJINDER KUMAR View Order 02-May-2022
06-Apr-2022 PENDING                                   On  joint request, matter is adjourned to 21.04.2022 for arguments. RAJINDER KUMAR View Order 09-Apr-2022
25-Mar-2022 PENDING                                    This is a petition seeking execution of order  dated 12.09.2019 passed by the Haryana Real Estate Regulatory Authority(in brief Authority). During the course of  proceedings, vide order dated 03.10.2019, a property i.e. Hotel Plot bearing No.A-31a,  District Centre, Nehru Place, New Delhi was ordered to be attached  by  the Authority, to realise the decretal amount.                          `        This is an application filed by M/s Lavender Infra Projects Pvt Ltd.,  with request  to recall  that order and to release aforesaid plot from attachment.                                 It is submitted by learned counsel for applicant  that said plot is owned by his client i.e. M/s Lavender Infra Projects Pvt Ltd. and the latter got its title through conveyance deed dated  19.09.2011.  Original conveyance deed is shown by  learned counsel, a copy of same has been filed  alongwith the application. As per learned counsel, when said  plot   is owned by his client, same could not have been  attached  in this case, his client is not a judgment-debtor.                   Learned counsel representing DH objected the application. It is submitted by him that said property was attached  on the asking of JD-2 i.e. M/s 3C Shelters Private Ltd. An affidavit  was also filed by the latter, verifying that same was being dedicated voluntarily  by JD-2. It was mentioned that JD was in the process of buying  said plot on the basis of an agreement. Asa this is reflected in order dated 23.01.2019, passed by the Authority.                   None of parties could show that said plot was actually owned by M/s 3 C Shelters Pvt Ltd. On the other hand,  as mentioned above,  conveyance deed is  in favour of  M/s Lavender Infra Projects Pvt Ltd.(applicant). When, there is no evidence to show  that said property  was actually owned by JD-2, there was no reason to attach said property to realise   decretal amount. Applicant  appears to have  good  title over  said plot.  Application is thus allowed and order dated 03.10.2019 of the authority attaching said plot is hereby recalled.                  It is contended by learned counsel for JD-2  (M/s Orris Infrastructure Pvt Ltd.)  that an  application filed by his client is still pending for disposal. He requests  short adjournment for arguments on it. Not opposed by learned counsel for DH. Request  is thus allowed.                 To come on 06.04.2022 at 2.00p.m.(as requested) for arguments  on application and further proceedings.  RAJINDER KUMAR View Order 30-Mar-2022
10-Mar-2022 PENDING Application filed by Ms Lavender Infraprojects Pvt Ltd. was listed for today. Learned counsel for DH as well as of JD-I request for short adjournment to file reply to same. Not opposed. Request is allowed. Let reply if any be filed till next date with copy to the applicant. To come for arguments on this application as well as on application filed by the JD No.1 on 25.03.2022. RAJINDER KUMAR View Order 05-Apr-2022
03-Mar-2022 PENDING As per learned counsel representing R-1 she has not received a copy of application seeking restoration of earlier application made by the applicant. Learned counsel for latter undertakes to supply copy of same today itself. Learned counsel for JD requests for short adjournment for arguments on execution petition stating that she is making arrangements to appear before this forum personally. She has given birth to a male baby recently. Not opposed. Allowed. To come on 10.03.2022 for arguments. RAJINDER KUMAR View Order 05-Apr-2022
14-Feb-2022 PENDING None for applicant. Application stands dismissed. Arguments heard in part. To come for remaining arguments on 03.03.2022. At 11.45p.m. At this stage learned counsel for applicant put in appearance and he has been apprised about the proceedings. To come for remaining arguments on 03.03.2022. RAJINDER KUMAR --- ---
11-Feb-2022 PENDING THE MATTER IS ADJOURNED TO 14.02.2022 RAJINDER KUMAR --- ---
14-Dec-2021 PENDING This is a petition  seeking execution of order dated 03.10.2019, passed by the Haryana Real Estate Regulatory Authority, Gurugram(in brief ‘the Authority’). On  request made by the Decree Holders ,the Authority, vide order dated 03.10.2019 , directed  attachment  of property No.A-3a, District  Centre Phase II, Nehru Place, New Delhi stated to a hotel plot.                            Heard  on an application filed by M/s  Delhi Brass & Metal Works Pvt Ltd. seeking vacation of said order,  attaching  plot described above. It is submitted  by learned counsel for applicant that said plot has been mortgaged with his clients i.e. applicants by its owner i.e.  Lavender Infra Projects Pvt Ltd. a private limited company.  The Latter had approached the applicants in July/August, 2015  with a prayer  for loan facility  of Rs.49.50 crores for construction/development  of its projects. Same agreed  to provide its property i.e. a hotel plot mentioned above as security for repayment of loan facility. The applicants extended loan facility as sought by said Lavender Infra, at an interest rate of 24% p.a. An equitable   mortgage on this  property  was created in favour  of his clients, by depositing  original title deed i.e. allotment letter, payments receipts, conveyance deed etc. Apart from the same, an agreement for sale was  also executed by M/s Lavender Infra in favour of applicants.  Unpaid loan amount was agreed to be treated  as sale consideration, paid by the applicants.  A separate loan agreement dated 24.08.2015,  agreement to sell  date 24.08.2015, agreement/affidavits  of share-holders of  M/s  Lavender Infra,  were also executed.  As M/s Lavender Infra did not  repay the loan amount plus interest. His client  i.e. applicants have become owners  of said property.  Copies of agreement etc have been put on file. Even otherwise, same being mortgagee  of said plot, applicants have prior interest  than the decree holders.                  It is further plea of counsel for applicants that even Haryana Real Estate Appellate Tribunal while hearing an Appeal No.158/2019 relating to the present execution petition, mentioned about encumbrances upon the plot.  The relevant para  i.e.  Para 62 of order is reproduced  is here as under:                   “It was further mentioned in affidavit  dated 23.01.2019 that they dedicated properties worth more than Rs.200 crores but it is an admitted fact that this arrangement could not mature due to the default  of t he respondent No.2, as it could not get the consent  of the lenders  and such properties were under encumbrances…….”                  Learned counsel  representing  the JD/Respondent No.1 & 2 have objections. According to them,  simply on the basis of agreement to sell, the applicants cannot claim to be owners  of said plot.                   True,  it is well settled that an agreement to sell does not create any title  till  the sale deed  etc is executed. In this way, the applicants cannot claim owners of plot mentioned above. The applicants claim to be mortgagee  of said plot having mortgage deed/agreement executed prior to the date when said plot was  attached by the Authority to realise the decretal amount.                   If all this is true, the applicants have prior interest in said plot. Considering all these facts, I do not find any reason to recall order attaching said property in realization of decretal amount.  However, it is made clear here that  the applicants are having  prior interest by way of mortgage, the same can realise their amount  before the yield  of same is used to satisfy the decree under execution. With this  observation, application  is thus dismissed.                 To come on   11.02.2022 for further proceedings.  RAJINDER KUMAR View Order 15-Dec-2021
16-Nov-2021 PENDING Arguments heard on an application. At the same time, counsel for JD-2 submits that she would like to file written submissions. Allowed. Be filed at least two days before next date.                           To come on 14.12.2021 for order. RAJINDER KUMAR View Order 18-Nov-2021
03-Nov-2021 PENDING Learned counsel for Decree holder requests for adjournment stating that main counsel is suffering with fewer. Not opposed.  At the same time,  learned counsel for respondent No.1 is also requested for short adjournment  stating that she wants to file reply to application, filed on behalf of applicant/mortgagee. Be filed till next date.                         To come ton 16.11.2021 for further proceedings.  RAJINDER KUMAR View Order 08-Nov-2021
27-Sep-2021 PENDING Some documents  are filed by the DH. Counsel for DH undertakes to supply copies of those documents to the counsel for JD/respondent.  At the same time, it is pointed out that an application on behalf of JD/respondent has been filed. Copy  of same  is stated to have received by counsel for DH.   Learned counsel for DH seeks time to file reply as well as to advance arguments. Allowed. 2.                  To come on 03.11.2021 for arguments.  RAJINDER KUMAR View Order 05-Oct-2021
15-Sep-2021 PENDING AR of JD/respondent (Orris Infrastructure Pvt. Ltd) requests for some time to show orders of NCLT. Allowed. 2.                        To come on 27.09.2021for further proceedings.   RAJINDER KUMAR View Order 20-Sep-2021
25-Aug-2021 PENDING On joint request, matter is adjourned to 15.09.2021 for further proceedings. RAJINDER KUMAR View Order 04-Sep-2021
17-May-2021 PENDING Due to increase in the Covid-19 cases in and around the area of the Authority and lockdown in the State, the case is not being taken up for hearing. Hence, as per directions of the Hon’ble Authority, it is being adjourned to 25.08.2021 for the proceedings already fixed. 2.         Both the parties be informed accordingly through e-mail. SUBHASH CHAND GOYAL View Order 18-May-2021
31-Mar-2021 PENDING Memo of appearance on behalf of respondent No. 2 alongwith copies of orders passed by NCLT has been placed on file. Let the matter be put up on 17.5.2021 for further proceedings.  SUBHASH CHAND GOYAL View Order 01-Apr-2021
01-Mar-2021 PENDING The  file  has not been put. Let the same be put up  on 31.03.2021. SUBHASH CHAND GOYAL --- ---
15-Feb-2021 PENDING None is present either of the parties. Even the file has not been put up by the Registry. 2.            Let the matter be put up on 01.03.2021 for further proceedings.  SUBHASH CHAND GOYAL --- ---
08-Feb-2021 PENDING File has not been put up by the Registry. Let it be put up on 15.02.2021. SUBHASH CHAND GOYAL --- ---
19-Jan-2021 PENDING File is not traceable. Let, the same be put up on 08.02.2021. SUBHASH CHAND GOYAL --- ---
20-Oct-2020 PENDING THE CASE IS ADJOURNED TO 19.01.2021 SUBHASH CHAND GOYAL --- ---
01-Oct-2020 PENDING File  has not been received from the office. Let the same be requisitioned for further proceedings and  the matter be put up on 20.10.2020 for further proceedings.  SUBHASH CHAND GOYAL --- ---
10-Aug-2020 PENDING DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 01.10.2020 SUBHASH CHAND GOYAL --- ---
15-May-2020 PENDING DUE TO LOCKDOWN, THE MATTER IS ADJOURNED TO 10.08.2020 SUBHASH CHAND GOYAL --- ---
25-Mar-2020 PENDING DU ETO LOCKDOWN, THE MATTER IS ADJOURNED TO 15.05.2020 SUBHASH CHAND GOYAL --- ---
18-Feb-2020 PENDING THE CASE IS ADJOURNED TO 25.03.2020 SUBHASH CHAND GOYAL --- ---
13-Feb-2020 PENDING HEARING DATE 18.02.2020 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 19-Mar-2020
16-Jan-2020 PENDING HEARING DATE 13.02.2020 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 20-Mar-2020
14-Jan-2020 PENDING HEARING DATE 16.01.2020 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 19-Mar-2020
06-Jan-2020 PENDING HEARING DATE 14.01.2020 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 19-Mar-2020
23-Dec-2019 PENDING Hearing Date 06.01.2020 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 19-Mar-2020
18-Dec-2019 PENDING HEARING DATE 23.12.2019 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 19-Mar-2020
10-Dec-2019 PENDING HEARING DATE 18.12.2019 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 19-Mar-2020
08-Nov-2019 PENDING Hearing Date 10.12.2019 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 19-Mar-2020
03-Oct-2019 FIRST HEARING Hearing Date 12.09.2019 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 20-Mar-2020
12-Sep-2019 PENDING Hearing Date 08.11.2019 K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH View Order 19-Mar-2020