Bombay High Court
M/S T. Bhimjyani Realty Pvt. Ltd (Thr. ... vs Mr. Vineet Sachdeva And Anr on 17 February, 2023
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
6 SA 321.22 with IA 2285, SAST 28624.22.doc
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.321 OF 2022
WITH
INTERIM APPLICATION NO.2285 OF 2022
WITH
SECOND APPEAL (ST.) NO.28624 OF 2022
WITH
INTERIM APPLICATION NO.30286 OF 2022
T. Bhimjyani Realty Pvt. Ltd. ...Appellant
thru' its CEO Mr. Anshul Bhimjyani
V/s.
Mr. Vineet Sachdeva & Anr. ...Respondents
Mr. Harshad Bhadbhade for Appellant/Applicant.
Mr. Kunal Mehta i/by Amita Chaware for
Respondents.
CORAM: MADHAV J. JAMDAR, J.
DATE: 17th FEBRUARY 2023 P.C.:
1. Heard Mr. Bhadbhade, learned Counsel appearing for the Appellant and Mr. Mehta, learned Counsel appearing for the Respondents.
2. Following substantial question of law arises for consideration in this Second Appeal.
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6 SA 321.22 with IA 2285, SAST 28624.22.doc Whether the Real Estate Regulatory Authority constituted under Section 20 of the Real Estate Regulation and Development Act, 2016 and Real Estate Appellate Tribunal constituted under Section 43 of the RERA Act has jurisdiction to examine whether the transaction which is subject matter of the complaint is fraudulent?
3. As the question is of far reaching importance, Mr. Vishal Kanade, learned Counsel of this Court is appointed as Amicus Curie to assist the Court.
4. Stand over to 10th March 2023, at 2.30 pm.
5. Mr. Bhadbhade, learned Counsel appearing for the Appellant states that the premises in question is vacant and no third party interest will be created and position regarding possession will be maintained till further orders.
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