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Judgment
Adv. Karan Ahuja along with Sh. Harpreet Singh appeared on behalf of the Complainants.
Adv. Abhishek S along with Ms. Mandeep Kaur, Representative of the Respondent company appeared for the Respondents.
Sh. Harpreet Singh, AR of the Complainants has filed his SPA executed by the Complainants. The same is taken on record.
Complainants have been served with a copy of the reply by the Respondents during the course of hearing.
This Authority had passed an order on 30.01.2024 directing the Respondents not to create any third-party interest qua the flat number OMB2505, which was booked by the Complainants in the project and was cancelled by the Respondents. Ld. Counsel for the Respondents has placed on record copy of GST Certificate for the Cancelled unit OMB2505. The said certificate is taken on record.
The complainants shall file rejoinder to the reply, if any by 10.04.2024 with copy to the Respondents.
Ld. Counsel for the Complainants has requested for continues of the interim order. However, the Respondents have informed that they have already sold the flat on 16.01.2024 before the order of this Authority was communicated to them. This contention is contested by the Counsel for the Complainants stating that the Respondents were duly informed about this complaint before 16.01.2024.
The question whether the Respondents were communicated about the filing of this complaint before sale of the subject property by them, is to be considered by the Authority after the pleadings are complete and after hearing the submissions of the party. The Complainants may file documents in support of their submission before next date of hearing. The issue of violation of the directions of the Authority, if any, will be duly considered.
In the meantime, if the contention of the Respondents is correct that they have sold the subject flat, then, to protect the interest of the Complainants they are directed to reserve one flat of same size in the project till the final disposal of this complaint or till further order.
Matter be listed on 30.04.2024 at 11:30 am.