(Uday Umesh Lalit and Sanjay Kishan Kaul, JJ.)
Review Petition (Civil) No. of 2019 (Arising out of Diary No. 24066 of 2019) In Civil Appeal No. 4801 of 2019*
Ireo Victory Valley Pvt. Ltd. __________________________ Petitioner;
v.
Shamshul Hoda Khan ______________________________ Respondent.
Review Petition (Civil) No. of 2019 (Arising out of Diary No. 24066 of 2019) and Civil Appeal No. 4801 of 2019*, decided on October 15, 2019
The Order of the court was delivered by
Order
1. Delay in filing the review petition is condoned.
2. The principal submission raised in the review petition is on the basis of Section 15(1) of the Haryana Fire Service Act, 2009. It is submitted that the construction of a building could only begin after the Fire Scheme was approved by the concerned authority and as the Fire Safety Scheme in the present case was approved on 28.10.2013 the period ought to be reckoned from that date.
3. The submission was dealt with by the National Commission and the relevant portion from para 10 was as under:
“It is an admitted position that the opposite party had been raising demand based upon the stage of construction even prior to 28.10.2013 when the first fire safety clearance came to be issued. The payment plan agreed between the parties envisaged payment of the 3rd instalment on commencement of excavation, 4th on casting of basement roof slab and the 5th on casting of ground floor roof slab. The 6th instalment was payable on casting of 3rd floor roof slab. It is an admitted position that even the 4th instalment which was payable on casting of basement roof slab was demanded on 5.2.2013. The 5th and 6th instalments were demanded on 21.3.2013 and 18.9.2013 respectively. Admittedly, the fire safety clearance had not been received by that time.”
4. In view of the circumstances on record this Court refused to interfere and dismissed the civil appeal.
5. We have gone through the review petition and do not find any substance in the submissions raised therein. This review petition is, therefore, dismissed.
REVIEW PETITION (CIVIL) Diary No. 24066/2019
M/s. Ireo Victory Valley Pvt. Ltd ______________________ Petitioner
v.
Shamshul Hoda Khan _____________________________ Respondent
(IA No. 99740/2019 – FOR CONDONATION OF DELAY IN FILING REVIEW PETITION; and, IA No. 99742/2019 – FOR EXEMPTION FROM FILING O.T.)
Date : 15-10-2019 This matter was circulated today.
(Before Uday Umesh Lalit and Sanjay Kishan Kaul, JJ.)
By Circulation
UPON perusing papers the Court made the following
ORDER
6. Delay condoned.
7. The review petition is dismissed, in terms of the signed order.
8. Pending application(s), if any, shall stand disposed of.
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