Vijay Kumar Pasricha vs Manish Kumar Gupta Irp Of Winter Hills

Restoration Application (AT) No. 02 of 2024 in I.A. No. 2481 of 2023 in Comp. App. (AT) (Ins) No. 926 of 2019 IN THE MATTER OF:

Flat Buyers' Association Winter Hills77, Gurugram ...Appellant

Versus

Umang Realtech Pvt. Ltd. (Through IRP) & Ors. ...Respondent

Present For Applicant : Mr. Krishnendu Datta, Sr. Adv. with Mr. Vijay Nair, Sakshi Kapoor, Adv. for Applicant For Respondents : Mr. Arpit Dwivedi, Adv. for IRP

ORDER

07.02.2024: This Restoration Application is filed for recalling of the

order dated 04.12.2023 by which I.A. No. 2481 of 2023 was dismissed for

non-prosecution.

Notice in the application. At this stage, Arpit Dwivedi, Adv. accepts

notice on behalf of the Non-applicant/contesting Respondent.

The reasons for non-appearance on the date of hearing are given in Para

5 which read as under:-

"5. (a) It is submitted that the Application bearing No.2481 of 2023 filed by the Intervenor was listed before this Tribunal on 04.12.2023 at 02:00 PM through virtual hearing. B. The counsel for Intervenor had duly signed up for the virtual hearing at around 01:57 PM and was waiting in virtual lobby at least till 14:25 PM. The counsel for the Intervenor apprehended that delay in admission could be owing to the fact that this Hon'ble Appellate Tribunal may not have assembled till such time. However, when the counsel for the Intervenor was not allowed entry till 14:30 PM, he had casually approached the technical support person mentioned in the cause-list to enquire about the status of hearing and to admit the counsel for the Intervenor in the hearing. C. It was only after having spoken to the technical support person that the counsel for the intervenor was allowed entry in the hearing at around 14:33 - 14:37 PM. Upon being admitted, the counsel for the Intervenor waited for five (5) to seven (7) minutes for the Bench to assemble. However, after sometime, the counsel for the Intervenor enquired from the Court Master as to when the Bench is likely to assemble as he is appearing in Item No. l. D. In response thereto, the Court Master informed the counsel for the Intervenor that the Bench shall assemble at 03:00 PM. Pursuant thereto, even other counsels waiting for the other matters sought status of hearing. As a matter of fact, on an enquiry by counsel appearing in Item No.9 & 10, the Court Master had informed that this Hon'ble Appellate Tribunal shall assemble at 03:00 PM and commence hearing from Item No.1. Copies of relevant Screen Shots are annexed hereto and marked as ANNEXURE- C. E. Subsequent thereof, this Hon'ble Appellate Tribunal assembled at 03:00 PM, however, since it was a special Bench, the said special Bench commenced hearing in Item No.9 and 10.

F. The counsel for the Intervenor patiently waited for his matter till 16:30 PM hoping that once the hearing in Item No.9 and 10 is completed, the regular Bench shall assemble and commence hearing. However, at around 16:30 PM, when the said Special Bench was rising for the day, the counsel for the Intervenor mentioned its matter before the said Bench enquiring whether the regular Bench shall assemble for the hearing or not. G. At this stage, the counsel for the Intervenor was shocked and surprised to know that this Hon'ble Appellate Tribunal had assembled at 02:00 PM and in view of non-appearance of the Intervenor, the Application bearing No.2481 of 2023 filed by the Intervenor was dismissed for non-appearance/ non-prosecution. H. Immediately upon coming to know about the same, the counsel for the Intervenor apprised the Ld. Special Bench that the counsel was waiting in the lobby since 01:57 PM for admission and he was allowed entry only at around 14:30-14:34 PM.

I. In view of above, the Intervenor was directed to forthwith move appropriate application for recall of order dated 04.12.2023 passed by this Hon'ble Appellate Tribunal and also for restoration of I.A. No.2481 of 2023.

J. Accordingly, the present application is being filed by the Intervenor seeking recall of Order dated 04.12.2023 passed by this Hon'ble Commission and restoration of Application No.2481 of 2023 to its original position."

Counsel for the Respondent has submitted that he does not want to file

any reply to the application and has no objection if the application is allowed.

In view thereof, the application is allowed and the order dated

04.12.2023 is recalled. I.A. No. 2481 of 2023 is restored to its original number.

List for hearing on 11th March, 2024.

[Justice Rakesh Kumar Jain] Member (Judicial)

[Mr. Naresh Salecha] Member (Technical) Sheetal/Ravi