Swarnali Chakraborty's Appeal Withdrawn and Dismissed by Assam Real Estate Appellate Tribunal

In a recent development, the Assam Real Estate Appellate Tribunal dismissed the appeal filed by Smti. Swarnali Chakraborty against M/s Adity Builders and Another. The appellant sought relief from the tribunal but, upon instruction received, decided to withdraw the appeal, resulting in its dismissal. This article provides an in-depth analysis of the case, the grounds for dismissal, and its implications within the real estate sector.

Background and Case Overview:

The case, registered as REAT/ASSAM/APPEAL NO. 04 of 2023, involved a dispute between Smti. Swarnali Chakraborty, the appellant, and M/s Adity Builders and Another, the respondents. The matter was brought before the Assam Real Estate Appellate Tribunal, a regulatory body that handles appeals related to the real estate sector.

Appellant's Counsel and Request for Withdrawal:

Mr. Bidhayak Acharyya, representing the appellant, appeared before the tribunal. After receiving instructions from his client, Mr. Acharyya sought leave to withdraw the appeal. The request was granted by the tribunal.

Dismissal for Non-Prosecution:

Following the withdrawal, the appeal was subsequently dismissed by the Assam Real Estate Appellate Tribunal on grounds of non-prosecution. This implies that due to the appellant's decision to withdraw the appeal, there was a lack of further action or representation, leading to the dismissal of the case.

Implications and Significance:

The dismissal of the appeal holds significant implications for both parties involved. With the appeal withdrawn, the original decision or ruling in favor of M/s Adity Builders and Another stands. This outcome reinforces the importance of active participation and representation in legal proceedings to protect one's interests.

Role of Assam Real Estate Appellate Tribunal:

The Assam Real Estate Appellate Tribunal, chaired by Hon'ble Mr. Justice (Retd.) Manojit Bhuyan, and with Shri Onkarmal Kedia as the Hon'ble Member (Administrative), is responsible for adjudicating real estate-related appeals in the state. Its primary objective is to ensure fairness, transparency, and accountability within the real estate sector.

Conclusion:

The dismissal of Smti. Swarnali Chakraborty's appeal by the Assam Real Estate Appellate Tribunal emphasizes the importance of active participation and representation in legal proceedings. The withdrawal of the appeal led to its dismissal for non-prosecution, reaffirming the significance of timely action and engagement in protecting one's rights within the real estate sector. It is crucial for individuals and entities involved in such disputes to be well-informed about their rights, seek legal counsel, and actively participate in the legal process.

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 APPEAL No. 04 of 2023  before the Karnataka Real Estate Regulatory Authority

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