Bombay High Court
Mohammed Zain Khan vs Emnoy Properties India A Limited ... on 4 December, 2020
Author: S.C. Gupte
Bench: S.C. Gupte
manjusha 29 second appeal st 494-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Rajesh V.
Digitally signed
by Rajesh V.
SECOND APPEAL (STAMP) NO. 494 OF 2020
WITH
Chittewan
Chittewan Date: 2020.12.09
12:45:37 +0530
INTERIM APPLICATION NO. 290 OF 2020
Mohammed Zain Khan ...Appellant
vs.
Emnoy Properties India & Ors. ...Respondents
...
Mr. Anand R. Pai a/w Mr. Nilesh Gala i/b. Law Square, for the Appellant.
...
CORAM : S.C. GUPTE, J.
DATE : 4 DECEMBER 2020 P.C. :
. Heard learned Counsel for the Appellant. Respondents are absent though served.
2. This second appeal arises from an order passed by RERA Appellate Tribunal refusing to entertain the Appellant's complaint for punishment of Respondent No.1-Promoter for non-registration of a Real Estate Project under Section 3 of the Real Estate (Regulation and Development) Act, 2016. The Appellant was an allottee in this project. Both Authorities below refused to entertain the Appellant's complaint on the ground that the project was not registered as Real Estate Project under the Act. The Second Appeal deserves to be admitted on the following question of law and is accordingly admitted.
Whether the Real Estate Authority and RERA Appellate Tribunal were justified in refusing to entertain the 1/2 manjusha 29 second appeal st 494-2020.doc complaint of the Appellant lodged against the Respondent-Promoter for contravention of the provisions of Section 3 of the Real Estate (Regulation and Development) Act, 2016 for punishment under Section 59 of that Act, on the ground that the project was not registered as a Real Estate project under Section 3 of that Act, particularly having regard to Section 31 of that Act?
3. The hearing of the appeal is expedited, since the appeal involves a limited question, which may conveniently be disposed of expeditiously. The Appellant will be at liberty to mention the second appeal for fixing a date of final hearing after service of this order on the Respondents. Filing of paper book is dispensed with.
4. Learned Counsel for the Appellant seeks interim relief in terms of prayer clauses (a) and (b), which restrain the Respondent-Promoter from marketing the concerned project. Issue Rule on this interim relief, returnable on 18 December 2020. Humdast permitted. In addition to court notice, the second appeal and the interim application may be served privately on the Respondents and an affidavit in proof of such service may be filed by the next date.
5. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
(S.C. GUPTE, J.) 2/2