Era Realtors Private Limited vs Sabhajit Ramyash Yadav
2023 Latest Caselaw 5629 Bom

2023:BHC-AS:16176

                                                                           914-sa-214-2023.doc
    Pallavi

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                          SECOND APPEAL NO.214 OF 2023
                                                      WITH
                                             INTERIM APPLICATION NO.

               Era Realtors Pvt. Ltd. & Ors.                                 ...Appellants
                    Versus
               Sabhajit Ramyash Yadav & Ors.                                ...Respondents

                     Mr. Rohit Lalwani a/w Huda Diamondwala i/b. Diamondwala & Co.,
                      for the Appellants.
                     Mr. Shrey Fatterpekar a/w Archana Malvankar i/b. Vikram Jakhadi,
                      for the Respondent Nos.1 and 2.
                     Mr. Mohhamad Shahid Raza, Authorised signatory of the Appellant
                      Nos.1 and 2 present.

                                                  CORAM : MADHAV J. JAMDAR, J.

DATE : 15th JUNE 2023 P.C. :

1. In the Second Appeal, the challenge is to the legality and

validity of the judgment and order dated 6th February 2023 passed by

the Maharashtra Real Estate Appellate Tribunal, Mumbai in Appeal

No.AT006000000053259. The learned Appellate Tribunal passed the

following operative order :-

"ORDER

(a) Appeal is partly allowed.

(b) Impugned order dated 23rd April 2021 passed by MahaRERA in Complaint No.CC006000000171794

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is set aside.

(c) Respondents are directed to refund to complainants the paid amount along with amounts paid towards pre EMIs and also the statutory taxes within 45 days from the date of this order together with interest from the date of their receipts at the rate of highest marginal cost of lending rate of State Bank of India plus 2%, failing which, promoters will pay interest at this prescribed rate on the total amount due and outstanding as on 31st March 2023, from 1st April 2023 onward till their actual realizations till its actual realisation.

               (d)       No order to costs.
               (e)       The appeal is disposed of on above terms.
               (f)       In view of the provisions of Section 44(4) of the Act

of 2016, copy of the Judgment be sent to the parties and MahaRERA."

2. Mr. Rohit Lalwani, learned counsel appearing for the

Appellants and Mr. Shrey Fatterpekar, learned counsel appearing for

the Respondents state that the parties have arrived at settlement.

They tender Consent Terms. The Consent Terms are signed by the

authorised representative of the Appellant No.1 and Appellant No.2.

The Resolution passed by the Board of Directors of Appellant No.1

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and Appellant No.2 is annexed from pages 7 to 10 of the Consent

Terms. By the said Resolution, inter-alia, Mohhamad Shahid Raza

has been authorised to sign the Consent Terms. Said Mohhamad Raza

is present in Court and he states that the dispute in the Second

Appeal between the parties is settled in terms of the Consent Terms.

He admits the terms mentioned in the Consent Terms. Learned

Advocate appearing for the Respondent Nos.1 and 2 have also signed

the Consent Terms and the learned Advocate identifies the signature

of said authorized signatory Mr. Mohhamad Raza.

3. Respondent No.1 has executed Power of Attorney dated 31st

January 2017 in favour of his wife i.e. Respondent No.2 - Geeta

Sabhajit Yadav who is personally present in the Court. She also states

that the dispute in Second Appeal has been amicably resolved in

terms of the Consent Terms. She has also signed the Consent Terms

on behalf of the Respondent No.1 as well as on her own behalf.

Learned advocate appearing for the Respondent Nos.1 and 2 has also

signed the Consent Terms. He identifies the signature of Respondent

No.2.

4. Therefore, the said Consent Terms are taken on record and

marked 'X' for identification. The said Consent Terms are uploaded

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separately as second order.

5. Second Appeal is disposed of in terms of the Consent Terms.

Accordingly, by consent of the parties, order dated 6 th February 2023

passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai in

Appeal No.AT006000000053259 is quashed and set aside and the

said Appeal is disposed of in terms of the Consent Terms.

6. Refund of Court fees, as per Rules.

7. In view of disposal of Second Appeal, nothing survives in the

Interim Application, if any and the same is also disposed of.

[MADHAV J. JAMDAR, J.]