Condensation Application for Delayed Review Application in the Case of M/s Arya Erectors India Pvt. Ltd. vs. Dr. Ganesh Ch. Das

In a recent case before the Assam Real Estate Appellate Tribunal, M/s Arya Erectors India Pvt. Ltd. (hereinafter referred to as "the Applicant") filed a Condensation Application for the delayed filing of a Review Application against Dr. Ganesh Ch. Das (hereinafter referred to as "the Respondent"). The case, registered as MISC. CASE NO. 01 OF 2023, arises from REVIEW APPLICATION NO. 01 OF 2023, which is a result of the earlier appeal registered as REAT/ASSAM/APPEAL NO. 12 of 2022. The case revolves around the issue of delayed submission of the Review Application by the Applicant.

Background

The Applicant, represented by Mr. D.K. Bhattacharyya and Ms. Emon Choudhury, filed the Condensation Application seeking to excuse the delay of 29 days in submitting the Review Application. The Applicant provided a statement explaining that there was sufficient cause that prevented them from adhering to the prescribed timeline for filing the Review Application.

Deliberation

Justice (Retd.) Manojit Bhuyan, Chairperson of the Assam Real Estate Appellate Tribunal, presided over the case. The Chairperson heard Mr. D.K. Bhattacharyya, the learned counsel for the Applicant. After considering the statement presented in the application, the Tribunal acknowledged that the Applicant had valid reasons for the delay in filing the Review Application within the stipulated time.

Withdrawal of the Review Application

However, it is worth noting that during the proceedings, the accompanying Review Application was withdrawn by the Applicant with the permission of the Tribunal. This withdrawal had occurred before the hearing of the Condensation Application. As a result, the Condensation Application became inconsequential, and the Tribunal decided to close the application without issuing any further orders.

Conclusion

In conclusion, M/s Arya Erectors India Pvt. Ltd. filed a Condensation Application for the delayed filing of their Review Application before the Assam Real Estate Appellate Tribunal. The Tribunal, headed by Justice (Retd.) Manojit Bhuyan, acknowledged the sufficient cause provided by the Applicant for the delay. However, since the Review Application had been withdrawn with the permission of the Tribunal, the Condensation Application was closed without any additional orders.

This case serves as an example of the procedural aspects involved in seeking condensation for a delayed Review Application and highlights the importance of adhering to prescribed timelines in legal proceedings.

Note: The information provided in this article about Assam Real Estate Regulatory Authority (ASSAM RERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the MISC. CASE NO.01 OF 2023  before the Assam Real Estate Regulatory Authority

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