Bombay High Court
Mrs. Seema Sureshchandra Mehata And Anr vs State Of Maharashtra And Ors on 8 June, 2022
Author: Madhav J. Jamdar
Bench: S.V. Gangapurwala, Madhav J. Jamdar
905.WPNo.54532021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5453 OF 2021
Seema Sureshchandra Mehata & Anr. ... Petitioners
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
INTERIM APPLICATION NO. 832 OF 2022
IN
WRIT PETITION NO. 5453 OF 2021
M/s. Marvel Realtors and Developers Ltd. ... Applicant
In the Matter Between :
Seema Sureshchandra Mehata & Anr. ... Petitioners
Versus
The State of Maharashtra & Ors. ... Respondents
Mr. Amogh Singh a/w. Mr. Kaustubh Patil a/w. Ms. Yashvi
Panchal i/b. P.D.Gandhy & Associates, Advocate for the
Petitioners.
Mr. Amit A. Gharte, Advocate for the Applicant in
IA/832/2022 and for the Respondent No.3 in
WP/5453/2021.
Mr. V. M. Mali, AGP for the Respondent Nos.1 and 7/State.
Mr. A. K. Saxena, Advocate for the Respondent No.2/Maha
RERA.
CORAM: S.V. GANGAPURWALA &
MADHAV J. JAMDAR,JJ.
DATED : JUNE 8, 2022 P.C.
1. The petitioners are armed with orders of the Gaikwad RD 1/3
905.WPNo.54532021.doc Adjudicating Authority i.e. Maharashtra Real Estate Regulatory Authority (hereinafter referred to as, "Maha RERA") against the present respondent Nos.3 and 4. The learned Counsel for the petitioners strenuously contends that though the order is passed in favour of the petitioners long back, directing the delivery of possession and payment of interest, the respondent Nos.3 and 4 are not complying the order. The petitioners have moved Maha Rera invoking its jurisdiction under Sub-Section (2) of Section 40 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as, "RERA") read with Rule 4 of the Manner of Filing of the Complaint to the Authority of the Maharashtra Real Estate Regulartion & Development (Recovery of Interest, Penalty, Compensation, Fine Payable, Forms of Comaplaints, Appeal etc.) Rules, 2017 (hereinafter referred to as "Maha RERA Rules, 2017"). The Adjudicating Authority has transferred the said proceedings to the Civil Court for execution. The Adjudicating Authority ought to have executed the order.
2. The learned Counsel for the respondent Nos.3 and 4 submits that the petitioners can fle execution proceedings before the Court as required under the Statute and the Rules.
3. It appears that the Maha RERA has already transferred the execution proceedings to the Civil Court at Pune as contended by the petitioners. In that event, the Adjudicating Authority has already exercised its power under Sub-Section (2) of Section 40 read with Rules of Maha RERA Rules, 2017. The execution proceeding shall be Gaikwad RD 2/3
905.WPNo.54532021.doc disposed of expeditiously considering the fact that the order of Adjudicating Authority in favour of the petitioners is of the year 2019 and the petitioners are waiting for the possession and payment of the interest as per the order of Maha RERA. We hope and trust that the Executing Court shall proceed with the matter for execution expeditiously of course in accordance with law so also if other proceedings are pending the same may be dealt with and disposed of expeditiously.
4. In case the Executing Court does not proceed expeditiously, then liberty to the petitioners to move this Court. The Writ petition is accordingly disposed of. No costs.
5. In view of disposal of writ petition, the interim application also stands disposed of.
(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.)
Digitally signed
by RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2022.06.10
16:45:08 +0530
Gaikwad RD 3/3