Bombay High Court
Era Realtors Private Limited vs Sabhajit Ramyash Yadav on 15 June, 2023
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2023:BHC-AS:16176
914-sa-214-2023.doc
Pallavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.214 OF 2023
WITH
INTERIM APPLICATION NO.
Era Realtors Pvt. Ltd. & Ors. ...Appellants
Versus
Sabhajit Ramyash Yadav & Ors. ...Respondents
Mr. Rohit Lalwani a/w Huda Diamondwala i/b. Diamondwala & Co.,
for the Appellants.
Mr. Shrey Fatterpekar a/w Archana Malvankar i/b. Vikram Jakhadi,
for the Respondent Nos.1 and 2.
Mr. Mohhamad Shahid Raza, Authorised signatory of the Appellant
Nos.1 and 2 present.
CORAM : MADHAV J. JAMDAR, J.
DATE : 15th JUNE 2023 P.C. :
1. In the Second Appeal, the challenge is to the legality and validity of the judgment and order dated 6th February 2023 passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai in Appeal No.AT006000000053259. The learned Appellate Tribunal passed the following operative order :-
"ORDER
(a) Appeal is partly allowed.
(b) Impugned order dated 23rd April 2021 passed by MahaRERA in Complaint No.CC006000000171794 1/4 ::: Uploaded on - 17/06/2023 ::: Downloaded on - 18/06/2023 08:50:37 ::: 914-sa-214-2023.doc Pallavi is set aside.
(c) Respondents are directed to refund to complainants the paid amount along with amounts paid towards pre EMIs and also the statutory taxes within 45 days from the date of this order together with interest from the date of their receipts at the rate of highest marginal cost of lending rate of State Bank of India plus 2%, failing which, promoters will pay interest at this prescribed rate on the total amount due and outstanding as on 31st March 2023, from 1st April 2023 onward till their actual realizations till its actual realisation.
(d) No order to costs.
(e) The appeal is disposed of on above terms.
(f) In view of the provisions of Section 44(4) of the Act
of 2016, copy of the Judgment be sent to the parties and MahaRERA."
2. Mr. Rohit Lalwani, learned counsel appearing for the Appellants and Mr. Shrey Fatterpekar, learned counsel appearing for the Respondents state that the parties have arrived at settlement. They tender Consent Terms. The Consent Terms are signed by the authorised representative of the Appellant No.1 and Appellant No.2. The Resolution passed by the Board of Directors of Appellant No.1 2/4 ::: Uploaded on - 17/06/2023 ::: Downloaded on - 18/06/2023 08:50:37 ::: 914-sa-214-2023.doc Pallavi and Appellant No.2 is annexed from pages 7 to 10 of the Consent Terms. By the said Resolution, inter-alia, Mohhamad Shahid Raza has been authorised to sign the Consent Terms. Said Mohhamad Raza is present in Court and he states that the dispute in the Second Appeal between the parties is settled in terms of the Consent Terms. He admits the terms mentioned in the Consent Terms. Learned Advocate appearing for the Respondent Nos.1 and 2 have also signed the Consent Terms and the learned Advocate identifies the signature of said authorized signatory Mr. Mohhamad Raza.
3. Respondent No.1 has executed Power of Attorney dated 31st January 2017 in favour of his wife i.e. Respondent No.2 - Geeta Sabhajit Yadav who is personally present in the Court. She also states that the dispute in Second Appeal has been amicably resolved in terms of the Consent Terms. She has also signed the Consent Terms on behalf of the Respondent No.1 as well as on her own behalf. Learned advocate appearing for the Respondent Nos.1 and 2 has also signed the Consent Terms. He identifies the signature of Respondent No.2.
4. Therefore, the said Consent Terms are taken on record and marked 'X' for identification. The said Consent Terms are uploaded 3/4 ::: Uploaded on - 17/06/2023 ::: Downloaded on - 18/06/2023 08:50:37 ::: 914-sa-214-2023.doc Pallavi separately as second order.
5. Second Appeal is disposed of in terms of the Consent Terms. Accordingly, by consent of the parties, order dated 6 th February 2023 passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai in Appeal No.AT006000000053259 is quashed and set aside and the said Appeal is disposed of in terms of the Consent Terms.
6. Refund of Court fees, as per Rules.
7. In view of disposal of Second Appeal, nothing survives in the Interim Application, if any and the same is also disposed of.
[MADHAV J. JAMDAR, J.] 4/4 ::: Uploaded on - 17/06/2023 ::: Downloaded on - 18/06/2023 08:50:37 :::