When can the Authority issue a interim order and can he do so ex-parte?

The Authority can issue an interim order restraining the promoter from carrying on certain act if it is satisfied during an enquiry that an act which contravenes the provisions of the Act, Rules or Regulations:

  • has been committed and continues to be committed
  • is about to be committed

The Authority can pass an order without notice to the promoter restraining the promoter from carrying on such an act until the conclusion of the enquiry or until such further orders by the Authority.

It is to be noted that such interim orders need not pertain to just “Stop Work” but any other retraining order also e.g. stopping sale of apartments, creating encumbrance of the property etc.

Also such interim orders can be passed against the promoter, allottee or real estate agent.

Leave a Comment