Enhanced EDC Stayed by Hon'ble High Court

[kghosh72]

Dear Mr. Prabhakar,

That should not be the case as we will share the expenses as we are all stake holders in this fight and we will al be affected by this judgement.

Koushik Ghosh
KLJ Flat Owners Association

[sushilbhatt]

Dear Friends,

First let me clarify that the matter will not start again due to non-hearing on 19th August. The matter will be at same stage as it was at earlier or on 19th August. The matter will be simply posted before appropriate judge as per roaster of High Court and a new date will be fixed for final arguments. The matter is never argued as Final Arguments and whenever it was argued earlier it was argued on interim stage or on some preliminary issues/affidavits. Since it was holiday on occasion of Janamasthmi on 18th Aug., the matter was posted for 19th Aug. and on 19th Aug there were already listed matter before the court, so the court could not took up the matter on 19th as it will take substantial time.

The stage of final arguments is yet to come, most probably on next date or in next 2-3 dates. GFWA team is watching the matter with due care and hope no injustice happens with buyers. From our side, our arguments, documents and strategy is ready and lawyers are taking care the matter at their level with our assistance. We will be trying to mention the matter before Chief Justice Court to get an early date for final disposal.

Lets hope for best.


Thanx
Sushil Bhatt
GFWA-Legal Team

[yadav_ajay]

Thanks a Lot Sushil Ji for detailed explanation

Just to apprise Forum members that GFWA was funding all visit to CHD and bearing the cost thereof.

We are having limited funds in hand and we need to keep reserve some amount to clear dues of Lawyer also.
Except last 02 visits GFWA provided all financial support and every visit was paid in advance (without asking any explanation from visiting members)

We would keep inform our members for any future requirements of funds, if required.

[umesh.prabhakar1965@rediffmail.com]

Friends,

The next date for hearing is scheduled on 12th September,2014.

This is for the information to all.


Regards

Umesh Prabhakar

[sirohionline]

From Sanjay Sirohi T-6 , 302
Hello
Can somebody update me with "What is the writ petition number" by which stay has been put by Punjab & haryana high court on Enhanced EDC for which the next hearing is planned on 12 sep 14.Or a copy of stay oder by court
Thx

[umesh.prabhakar1965@rediffmail.com]

Sirohi ji,

The case number is CWP-5835 of 2013 before hon'ble high court.

[sirohionline]

Hi Umesh
Pl confirm is it the same case of Balwant Singh Vs State of Haryana which is being fought by GWFA Lawyer or these are two different cases
Pl forward if you have a "court copy of stay"
Thx

[umesh.prabhakar1965@rediffmail.com]

Sirohi ji,

CWP-5835 OF 2013( Balwan Singh & ORS. vs State) is the case filed by Kurukshetra Home Buyers and the Stay has been ordered in this case only on 19.03.2013.
As the order of stay is GENERAL in nature therefore stay is applicable for entire Haryana. Also by virtue of stay pronounced on the very basic concept of Enhancement in EDC therefore the order of stay is applicable on the case filed by GFWA( CWP-14886 of 2011).

They are two different cases and fought by two different advocates before hon'ble high court. The Kurikshetra case is argued by Advocate Kataria and GFWA case is argued by Advocate Sumit Mahajan.

This is for your information.

Regards

Umesh Prabhakar

[sirohionline]

Hi Umesh
Thx for information . One more favour as I have filed a separate case against RPS
Can you pl forward what RPS has to say wx they have deposited EEDC with DTCP or not
Thx

[umesh.prabhakar1965@rediffmail.com]

Sirohi ji,

I do not know whether RPS has deposited the EEDC or not. Please file a RTI Application before A/C Officer( DGTCP Chandigarh) and demand the a/c statement of eedc deposited by your colonizer/licensee.

Regards

Umesh Prabhakar

[siw919]

Dear Sir,

I am new to this form, I have paid complete EDC /IDC to SRS. Please suggest what to do..

my booking of Nov 2010.


Regards
Pradeep Siwach

[dheerajjain]

Hi Umesh
Thx for information . One more favour as I have filed a separate case against RPS
Can you pl forward what RPS has to say wx they have deposited EEDC with DTCP or not
Thx

Please read this post:
rps-savana-occupation-certificate-received-for-2-towers-through-rti-t2173.html#p16175

RPS has given an undertaking dated 02.06.2013, that they will make the payment of Enhanced EDC as and when demanded by the department "after" the final verdict in CWP No. 5835 of 2013 pending before tire Hon'ble High Court Punjab and Haryana at Chandigarh.

[umesh.prabhakar1965@rediffmail.com]

Ajay ji & Legal team members,

The Munshi of Advocate Rohit Kahanna has been incessantly demanding INR 5000.00 for last five visits i had made to Chandigarh for attending the hearing of the concerned matter. He is demanding the above said amount in lieu of obtaining documents pertaining to case number 5835 of 2013( Balwan Singh & Ors v/s State) as demanded by Sh Sumit Mahajan( Sr Counsel). The concerned Munshi( Mr Mahajan) continuously calls me and approaches me on the day of hearing to demand the said amount.

I feel insulted every time i call him in the morning of the scheduled date in order to get the copy of form duly signed and stamped by the concerned lawyer for the making a PASS as a permission to enter the premises of High Court. Also it has been observed that Advocate Rohit Khanna is not visible, so that the same could not be confirmed from him either, on any of the scheduled date since January 2014( There have been atleast FIVE dates scheduled since January 2014).

Kindly advise me the way forward or should i be paying the said amount to him?

Regards

Umesh Prabhakar

[sushilbhatt]

Dear Umesh Ji/all

We have never been asked for any money by clerk of Mr. Rohit Khanna for any documents. The documents filed in any connected matter were always provided by otherside lawyers to our senior lawyer in court. Infact after the interim order in Balwan Singh case in March 2013, I have personally attended court hearing on couple of occasions but no one asked any money from me for any documents. I have checked with Mr. Khanna and he is also not aware of such demand by his clerk. However, if any document is taken by the clerk Rs.5000/- should not be the cost for the same.

Anyhow, we request you to please do not commit and/or pay any amount to anybody for any work in court related to GFWA case and in case anybody ask for the same you may please let us know or give him my number so that we can take up the matter with our lawyer. If anytime, the requirement of any document exists to be obtained officially, we will specifically ask our lawyer and get it collected and pay the amount, if any.

Hope above clarifies.

Thanx
Sushil Bhatt

[umesh.prabhakar1965@rediffmail.com]

Sushil ji,

Neither i have committed nor i have paid the said amount to the Munshi of Adv Rohit Khannna. That's is the reason i have brought the same in your knowledge and i reiterate that he has been demanding the same quite a long time and i have been avoiding paying the amount. Also it is to remind you that most of time we have negotiated with the Munshi for the amount demanded by him and paid him accordingly the negotiated amount to obtain the copy of order or any affidavit submitted by the respondents before hon'ble court. This time neither i negotiated with him nor paid any amount.
Also you have agreed, in past, in principle that across the country Munshi's demand such amount to obtain the copy of any interim order/order or respondents reply. You have agreed in principle that these Munshis do not draw a good salary from their employer( Advocate) therefore this is the only way they earn their bread and we should be paying and we have paid them also in the past on behalf of GFWA.

The irony is that NONE of affidavit have been filed, by the reSpondents, in the case related to GFWA. All the affidavits have been filed either in the case related to KURUKSHETRA or in the case related to Builders Association Faridabad. Therefore we have to maneuver the copy from Mr Mahajan( Munshi) only.


But it is for sure that Advocate Sumit Mahajan has asked to provide all the documents related to case number 5835 of 2013( Balwan Singh & Ors v/s State).
Also it is the fact that your visit to Chandigarh had been very rare( hardly a couple of times) ever since the inception of GFWA case and the concerned Munshi has seen only TWO or Three faces( including Sh Dheeraj Jain) on all the dates during the course of GFWA case. I think no one demands any amount from strangers.

You are supposed to visit THE COURT on 12th September 2014 and i will introduce you with him so that any demand he raises in future will raise before you or will call you for such demand.

Also you will know/witness the attitude/silence of Adv Sumit Mahajan( Sr Advocate arguing for GFWA) before hon'ble court. Adv Sumit Mahajan has always been complaining of any update,if any, inspite of your long telecons with him before the scheduled dates is to be furnished well in advance( Not on the morning or minutes before the court proceedings) before the scheduled date. On the contrary Adv Rajive Atma Ram ji has always been appreciating once any of the updated information is provided to him even minutes before scheduled hearings.

Only after the last arguments/averments made by Sh Ashish Kaul before hon'ble court in the month of April 2014 it was highly appreciated by Sh Atma Ram ji and now Sh Atma Ram ji demands new update from BOTH of us.

However, You are humbly requested to visit to Chandigarh on 12th September 2014 take all the first hand information by yourself. Nevertheless i am aware that you are accustomed of all the scenario in the court as you belong to the same profession. Munshis hardly demand any amount in front of his employer( Advocate) but the fact is Advocate is well aware of such developments/demands raised by their Munshis before the clients.

Longing for your call to accompany me to visit Chandigarh on 12th September 2014. We will be incurring our personal expenses as I and Ashish Kaul are doing after 21st April 2014( Atleast NINE dates we have attended on our personal expenses contrary to the statement made by Sh Ajay Yadav ji that only LAST couple of visits have not been financed by GFWA).

Regards

Umesh Prabhakar