Real Estate Appellate Tribunal Can Appoint Commission For Getting Material Aspects Required For Settling Disputes: Kerala High Court
Case: P.V. Nidhish v. Sivaprakash
Coram: Justice A. Badharudeen
Case No.: MSA NO. 31 OF 2023
Court Observation: “….the Appellate Tribunal has the power to regulate its own procedure and the said power is given to deal with a matter, where the Appellate Tribunal requires anything to be done within the mandate of law for addressing the real dispute in between the litigants. It is apropose to note that Section 35 of the Act, 2016, in fact, gives wide power to the Authority to enquire and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agent, as the case may be. In the said circumstances, it is difficult to lay down law, holding that the powers of the Appellate Tribunal is much less than that of the Authority when the statute specifically provides power to the Appellate Tribunal to regulate its own procedure. To be more vivid, it could not be held that the power to appoint a Commission to have enquiry available to the Authority, is not available to the Appellate Tribunal”.
“Thus, a conjoint reading of the above provisions make the point clear that the Appellate Tribunal, which has special power to regulate its own procedure, can appoint a Commission also, if the Tribunal is of the opinion that, appointment of such a Commission, for getting certain material aspects, which are necessary for the purpose of deciding the matter in controversy in between the promoter and allottee, and the said power not drawn from Order XLI Rule 27 of the C.P.C. Therefore, the challenge raised by the appellant herein, found to be meritless,”.
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Real Estate Appellate Tribunal Can Appoint Commission, Kerala High Court
