express bar in
Section 42 of that Act. In view of these two provisions, namely, Section 79 of
RERA and Section 42 of the Slum ... effect of Sections 88 and 89 of the RERA, Dr. Saraf
contended that construing these sections harmoniously with Section 79
import of the provisions of Section 79 would be required to
be seen. Section 79 creates a bar on the jurisdiction on the Civil Court ... correct in adopting such approach in
interpreting Section 79 so as to apply the bar under Section 79 to
arbitration proceedings before an arbitral tribunal
structure of Section 79 .................70
b. Application to the present suit ........................71
c. The Injunction Bar -- Second Limb of
Section 79 ...............................................72
d. The Principle ... under Section 9 CPC, which is specifically targeted and
ousted by Section 79 . It is submitted that any other
interpretation would render Section 79
regard to this subject, is
vested with the authorities under the RERA. Section 79 of the
RERA Act is invoked to argue that the Civil ... jurisdiction in view of the
expressed bar contained in Section 79 of RERA which prohibit
the Civil Court to entertain any Suit or proceedings
revocation of his
registration.
15. Section 79 incorporates the bar of jurisdiction as under:
" Section 79 . Bar of Jurisdiction
No civil court shall have ... under Section 79 to the jurisdiction
of the civil court. On its plan terms, the bar under Section 79
of the RERA
empowered under the RERA Act to
determine. Section 88 of the RERA Act specifies that
the provisions of the RERA Act would be in addition ... Section 19 (3) .
In my view therefore the finding recorded by City Civil Court
about bar of jurisdiction provided under Section 79 of RERA
expressly
barred under Section 79 of the Act, urged Mr. Chinoy. It was
further submitted that language of Section 79 is peremptory
and, any matter ... defendants, based on Section 15 of the RERA Act, does not
merit acceptance. The proviso to sub-section (1) Section 15
makes it explicitly clear
2024 11:13:29 :::
913-1627-2023.DOC
Section 79 of RERA Act, had no jurisdiction to entertain the present suit or
grant ... Kapadia that, in the light
of the provisions of Section 79 of RERA, this Court had no jurisdiction to
entertain the present suit or grant
Consumer Protection Act, 1986 and the RERA 2016 especially the Section 79 of RERA imposing a bar on the jurisdiction of a Civil Court ... this Act. With respect to the effect and applicability of Section 79 of RERA, the Apex Court has held as under:-
" It is, therefore
Ireo Grace Realtech Pvt. Ltd. vs Abhishek Khanna on 11 January, 2021
Equivalent citations: AIR
