Bombay High Court
Theme Developers Pvt. Ltd. vs The Maharasthra Real Estate Regulatory ... on 22 September, 2025
k 1/2 1 wp 1954.22 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1954 OF 2022
Theme Developers Pvt. Ltd. ....Petitioner
V/S
MahaRERA Authority & Ors. ....Respondents
_________
None for the Petitioner.
Ms. Ritika Agarwal with Ms. Yaminee Verma i/b M/s. Acelegal for
Respondent No.3.
__________
CORAM : SANDEEP V. MARNE, J.
DATE : 22 SEPTEMBER 2025.
P.C.:
1. A praecipe is moved for speaking to the minutes of order dated 26 February 2025 on behalf of Respondent No.3.
2. It is contended by Respondent No.3 that transfer of total deposited amount of Rs.5.25 crores alongwith accrued interest does not amount to compliance to the provisions of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (the Act). Reliance is placed on the judgment of the Supreme Court in Newtech Pramoters and Developers Pvt. Ltd. vs. State of Uttar Pradesh & Ors. in Civil Appeal No.6750-6757 of 2021 decided on 12 November 2021 in support of contention that Appeal cannot be entertained unless the entire principal amount together with interest and compensation is deposited.katkam Page No. 1 of 2 ::: Uploaded on - 22/09/2025 ::: Downloaded on - 22/09/2025 21:31:16 :::
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3. None has appeared on behalf of the original Petitioner.
4. Respondent No.3 to serve the Advocate on record appearing for the original Petitioner as well as the original Petitioner by private service by communicating the next date of hearing.
5. List on 29 September 2025.
(SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date:
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