Dear Members,
I wish you and your family members
very Happy, Prosperous and Lightfull Dipawali. I also take this opportunity to inform you
that our case before the Ld. Arbitrator Mr. Justice (Retd.) Vikramajit Sen has once again been thrown in the Apex
Court by him vide letter dated 11.10.2018
after holding 22 hearings (Costing Rs. 44 Lakhs exclusive of rent for hiring
premises for hearings) wherein he has sought certain directions from the Hon’ble
Supreme Court and the same are extracted below for your perusal -
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1. In
light of the fact that Durga Builders Pvt. Ltd is claiming succession only with
respect to two licences (out of total 5 licences) making it necessary
to also determine which portions of
the land compositely held by 5 licences falls to its share ?
2. Given
that the State of Haryana has categorically stated that it cannot take over
the Project and make allotments, even in view of the fact that the Coloniser
has intentionally not paid the Licence
Fee, who will undertake the development of the Project
and subsequently make allotments ?
3. In
view of the fact that around 2690 claims were received in the NPNL category, the State of Haryana will have to devise a policy for relaxing density norms
for the Project.
4. The
Hon’ble Supreme Court may pass appropriate directions for converting these proceedings to that of a Special Committee.
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2. In my view that Ld. Arbitrator has
tried to seek above directions from the Supreme Court which are totally beyond
the context and scope of the hearings held by him so far and if the same are
accepted/ given by the Apex Court, the same would adversely affect our interest
as the said directions sought appear to be in connivance with builder as well
as authorities of Govt.
3. Financial position was discussed in
detail in the last General Body Meeting of our Association when it was
unanimously decided that if required the Association may ask for amount from
its members. It is matter of record that
despite repeated requests by the Association and putting the names of defaulter
members on the blog, more than 50% members have not paid their dues so far and
as such it has really become difficult for us to continue to fight ensuing
litigation in the matter. You would
appreciate that the fee of Lawyers appearing in Apex Court is on the basis of
their face value and hence due to paucity of funds it may not be possible for
us to engage a good Senior Advocate in the matter for appearing before Supreme
Court to rebut the above directions
sought for by the Ld. Arbitrator.
4. I, therefore, request to please be
united and cooperate us by paying your dues asked for by the Association
immediately, positively by 15/11/2018, so that we may proceed accordingly.
Thanking you and assuring you of our
best attention at all time, we remain
Yours
faithfully,
-K Trivedi,
President
Mob. 9313360936
