In R.C.S 1701/07 in senior division of Pune Civil Courts, an order on T.I. was claimed to have been passed in Oct 2009 by the Builder. He quotes our lack of challenge to that order in another case, i.e. RCS 1981/18. An order was passed verbally, but never signed or uploaded online. 1. If it wasn't signed/uploaded, how could we challenge it? 2. Can the judge sign/upload it after 14 years? 3. Would a new judge need to re-hear it? Basis the Nov 2020 amendment to MAOA, Society has cancelled the Deed of Declaration by builder. If case is re-heard on current facts, we win the T.I. If it heard again, will it be basis facts in 2009 or 2022?
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An order has to be signed and uploin order to be effective. H3 cannot upload it after 14 years of hearing. There is something wrong with it.
The issue relates back to 2009 when another act without any amendment was in force.
That previous act would be applicable.
If it was never signed by judge it would imply that no orders were passed by judge
2) judge cannot sign order after 14 years
3) it would have to be heard again based on facts on record
The main matter is pending. So a re-hearing on T.I. would need to be on current facts, not 2009, right? The 2020 amendment to law allowed cancellation of old Deeds of Declaration, i.e retrospective.
1. It is as good as no order, hence you can't challenge it if there was no order passed.
2. No, don't be misguided.
3. If there's an application pending, the court will hear and dispose it as per due process of law.
If the application was filed earlier then the decision on the application would be taken as per the law which was prevailing at the time of filing that application.
No he can't. Such oral order cant be uploaded after 14 years and doesn't have any applicability
Re hearing is necessary as order has not been signed by judge