2022 (2) TMI 1493

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..... r - orders passed by RERA are appealable before the Appellate Authority or not - interplay of RERA Act and SARFAESI Act - Applicability of decision in Bikram Chatterji [ 2019 (7) TMI 1233 - SUPREME COURT] - It was held by High Court that (i) Regulation 9 of the Regulations of 2017 is not ultra vires the Act or is otherwise not invalid. (ii) The delegation of powers in the single member of RERA to .....

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..... bank takes recourse to any of the provisions contained in Section 13(4) of the SARFAESI Act. HELD THAT:- The view taken by the High Court upheld. However, it is clarified that the decision shall be applicable in a case where proceedings before the RERA authority are initiated by the homer buyers to protect their rights. With this, the Special Leave Petitions are dismissed.
HON'BLE MR. JUST .....

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..... gulations of 2017 is not ultra vires the Act or is otherwise not invalid. (ii) The delegation of powers in the single member of RERA to decide complaints filed under the Act even otherwise flows from Section 81 of the Act and such delegation can be made in absence of Regulation 9 also. (iii) As held by the Supreme Court in the case of Bikram Chatterji (supra) in the event of conflict between .....

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