Wednesday, November 7, 2018





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

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