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Madhya Pradesh High Court

M/S Treasure India Through Its Partner ... vs Smt. Anjula Malviya on 2 May, 2024

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                   CHIEF JUSTICE
                                                         &
                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                   ON THE 2 nd OF MAY, 2024
                                               MISC. PETITION No. 2168 of 2024

                           BETWEEN:-
                           M/S TREASURE INDIA THROUGH ITS PARTNER PANKAJ
                           MATHUR S/O LATE SHRI R.K. MATHUR AGE ABOUT
                           YEARS OFFICE AT I-10. 1ST FLOOR, SHIVAM COMPLEX,
                           BAGHSEVANIA, BHOPAL (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI PIYUSH BHATNAGAR - ADVOCATE)

                           AND
                           1.    SMT. ANJULA MALVIYA W/O RAJESH MALVIYA,
                                 AGED ADULT R/O MIG 24, B-RAJEEV NAGAR,
                                 AYODHYA BYPASS ROAD BHOPAL (MADHYA
                                 PRADESH)

                           2.    M/S LAKSHYA REALITY PRIVATE LIMITED
                                 THROUGH ITS DIRECTOR MANISH VERMA
                                 OFFICE AT SF-15 C-BLOCK SECOND FLOOR
                                 MANSAROVAR COMPLEX HOSHANGABAD ROAD
                                 BHOPAL (MADHYA PRADESH)

                                                                                         .....RESPONDENTS


                                 This petition coming on for admission this day, Hon'ble Shri Justice
                           Ravi Malimath, Chief Justice passed the following:
                                                               ORDER

After arguing the matter at length, petitioner restricts his plea only to the observations made by the M.P. Real Estate Appellate Tribunal wherein it was Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 04-05-2024 14:16:27 2 noted that the provisions of the Code of Civil Procedure, 1908 (for short "the CPC") are not applicable in the Real Estate (Regulation and Development) Act, 2016 (for short "the RERA"). That the question of applicability of provisions of CPC need not to be considered at this stage. The only plea of the petitioner is that the same should not be enforced upon by the authority which would curtail his rights.

The object and intent of the RERA is to protect home buyers and promote investments in the real estate industries by establishing Real Estate Regulatory Authority (RERA) in each State for regulating of real estate sector and acting as an adjudicating body for speedy dispute resolution. Therefore, the object inter alia is to provide an adjudicating mechanism for a speedy dispute redressal. The adjudicating authority under the RERA is established for the specific purpose. It is their duty to see that the disputes are disposed off quickly and in a time bound manner. The power of the adjudicating authority is not fettered by technicalities. Therefore, what is required is to bestow attention and give priority to the real controversies rather than focusing on procedural technicalities. Even otherwise in the impugned order dated 18.12.2023, the petitioner was given liberty to include his objections as sought for in the interrogatories in the reply which is to be filed before the authority.

Therefore, without considering any of the observations made by the M.P. Real Estate Appellate Tribunal, the petitioner herein is directed to submit his objections to the proceedings within a period of one month. The question of applicability of the CPC or otherwise would be considered at a later stage.

We are of the view that it would be appropriate if the matter is disputed on merits rather than on these issues. Hence, the petitioner, at request is granted two weeks time to file his written statement.

In view of the above, the petition is disposed off accordingly.

                                 (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                   CHIEF JUSTICE                                            JUDGE
                           SKM




Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 04-05-2024
14:16:27