Bombay High Court
Sheth Infraworld Pvt. Ltd vs Anup Kumar Rath And Anr on 23 November, 2020
Author: S.C. Gupte
Bench: S.C. Gupte
Digitally signed by
Smita Smita Gonsalves
Gonsalves Date: 2020.11.25
15:08:42 +0530
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sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (STAMP) NO.93742 OF 2020
WITH
INTERIM APPLICATION (STAMP) NO.94750 OF 2020
IN
SECOND APPEAL (STAMP) NO.93741 OF 2020
Sheth Infraworld Pvt. Ltd. ...Applicant/Appellant
vs.
Anup Kumar Rath & Anr. ...Respondents
WITH
INTERIM APPLICATION (STAMP) NO.93745 OF 2020
WITH
INTERIM APPLICATION (STAMP) NO.94782 OF 2020
IN
SECOND APPEAL (STAMP) NO.93743 OF 2020
Sheth Infraworld Pvt. Ltd. ...Applicant/Appellant
vs.
Manoj Gagvani & Anr. ...Respondents
....
Mr. Mayur Khandeparkar, i/b. Mr. Pragathi Malle, for the Appellant in both
appeals.
Mr. Markand V. Raut, for Respondent No.1 in both appeals.
....
CORAM : S.C. GUPTE, J.
DATE : 23 NOVEMBER 2020
P.C. :
. These two second appeals challenge orders passed by RERA
Appellate Tribunal in two separate appeals. The impugned orders have been passed by a lone member of the Tribunal, who admittedly does not constitute a proper coram. This Court has passed several orders setting 1/3 25&26. iast93742-20a.w.iast94750-20insast93741-
20.doc&iast93754-20a.w.iast94782- 20insast93743-20.doc aside orders passed by single members of RERA Appellate Tribunal on the ground of coram non judis. The second appeals, thus, deserve to be allowed. There is, however, a long delay in filing of the second appeals. The parties are in a serious contest as far as this delay is concerned. Considering, however, that the impugned orders suffer from a serious infirmity of coram non-judis and would, therefore, in any event, be unexecutable, this Court is of the view that the second appeals may be taken up for hearing after condoning the delay subject to payment of costs. The second appeals are admitted on a question of law as to constitution of proper coram, whilst passing of the impugned orders in both second appeals, and taken up for hearing forthwith. As this Court has decided in a number of matters, a lone member of RERA Appellate Tribunal does not constitute a proper coram for deciding any appeal preferred under the Act. The question of law is, thus, decided in favour of the Appellant and the impugned orders passed by RERA Appellate Tribunal and challenged in both second appeals are quashed and set aside after condoning the delay in filing the second appeals. The appellant shall, however, pay costs computed at Rs.50,000/- in each second appeal to the respective Respondents. Such costs shall be paid within four weeks from today and shall constitute condition precedent. The second appeals, together with the interim applications, are disposed of in the above terms. Considering that pleadings before RERA Appellate Tribunal in the two appeals are complete and merely the submissions have to be re-heard, RERA Appellate Tribunal is requested to dispose of the appeals within a period of three months from today.
2. This order will be digitally signed by the Personal Assistant of 2/3 25&26. iast93742-20a.w.iast94750-20insast93741-
20.doc&iast93754-20a.w.iast94782- 20insast93743-20.doc this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
(S.C. GUPTE, J.) 3/3