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Judgment
03.03.2025: I.A. No.1341 of 2025: This is an application filed by YG Estates Facilities Management Pvt. Ltd. praying for recall of the order passed by this Tribunal dated 19.12.2024. The Applicant’s case is that by the order dated 19.12.2024 passed by this Tribunal in IA No.8083 of 2024, the application filed by Supernova Apartment Owners Association has been allowed. It is submitted that in the IA which was filed by the Supernova Apartment Owners Association, the applicant was not impleaded and in the said application following prayers were made:
“i.Direct handing over maintenance and IFMS charges to the Applicant, namely Supernova Apartment Owners Association, forthwith, upon preparation of an inventory, and inspection of all deficiencies thereof;
ii.Direct payment of lease rent and due amount of lease by the Appellant herein, to the Noida Authority and the Noida Authority be directed to commence the process of registration of flats of the residential tower of Nova Residences, East and West, forthwith in favour of the home buyers without insisting on payment of default lease rent from the individual home buyers; and/or
iii.Pass such other or further order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”
Learned counsel appearing for the Applicant submits that since the prayers were made against the Applicant, the applicants ought to have been impleaded and heard before passing the order.
Learned counsel appearing for Supernova Apartment Owners Association submits that the Applicant were not directly required to be heard since they are dealing with the facility management, which was appointed by the Promoters and it was duty of the Promoters.
We are of the view that before taking a decision it is necessary to hear the applicant also. Hence, IA No.1341 of 2025 is allowed. Order dated 19.12.2024 is recalled. IA No.8083 of 2024 filed by Supernova Apartment Owners Association is revived to be heard afresh.
Learned counsel appearing for YG Estates Facilities Management Pvt. Ltd. submits that copy of the IA No.8083 of 2024 has not been served on them.
Let copy of IA No.8083 of 2024 be served on YG Estates Facilities Management Pvt. Ltd. during course of the day. The reply, if any, before the date fixed.
List all these IAs day after tomorrow i.e on 05.03.2025 for orders.
Learned counsel appearing for YG Estates Facilities Management Pvt. Ltd. submits that they will not disconnect the electricity and disrupt any other essential services.