Bombay High Court
Vinay Shra Vankumar Agrawal vs Bhushan Kashinath Pawaskar on 29 March, 2023
Bench: Madhav J. Jamdar
918 sast-8612-2023.doc
Pallavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL (ST) NO.8612 OF 2023
IN
INTERIM APPLICATION (ST) NO.8618 OF 2023
IN
SECOND APPEAL (ST) NO.8612 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Mr. Babji Munagala ...Respondent
WITH
SECOND APPEAL (ST) NO.9153 OF 2023
WITH
INTERIM APPLICATION (ST) NO.9549 OF 2023
IN
SECOND APPEAL (ST) NO.9153 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Nagesh Shivkumar Nadkarni ...Respondent
WITH
SECOND APPEAL (ST) NO.9154 OF 2023
WITH
INTERIM APPLICATION (ST) NO.9173 OF 2023
IN
SECOND APPEAL (ST) NO.9154 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Nalini Asrok Tambe ...Respondent
WITH
SECOND APPEAL (ST) NO.9155 OF 2023
IN
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INTERIM APPLICATION (ST) NO.9172 OF 2023
IN
SECOND APPEAL (ST) NO.9155 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Shivkumar Balkrishna Nadkarni ...Respondent
WITH
SECOND APPEAL (ST) NO.9157 OF 2023
WITH
INTERIM APPLICATION (ST) NO.9550 OF 2023
IN
SECOND APPEAL (ST) NO.9157 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Vinesh Vijay An- ...Respondent
WITH
SECOND APPEAL (ST) NO.9158 OF 2023
WITH
INTERIM APPLICATION (ST) NO.9179 OF 2023
IN
SECOND APPEAL (ST) NO.9158 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Zafar Abbas Rizvi ...Respondent
WITH
SECOND APPEAL (ST) NO.9159 OF 2023
WITH
INTERIM APPLICATION (ST) NO.9176 OF 2023
IN
SECOND APPEAL (ST) NO.9159 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
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Mahesh Popatrao Kakade ...Respondent
WITH
SECOND APPEAL (ST) NO.9160 OF 2023
WITH
INTERIM APPLICATION (ST) NO.9175 OF 2023
IN
SECOND APPEAL (ST) NO.9160 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Dilip Devidas Mane ...Respondent
WITH
SECOND APPEAL (ST) NO.9161 OF 2023
WITH
INTERIM APPLICATION (ST) NO.9167 OF 2023
IN
SECOND APPEAL (ST) NO.9161 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Harish Bhoja Shetty ...Respondent
WITH
SECOND APPEAL (ST) NO.9162 OF 2023
WITH
INTERIM APPLICATION (ST) NO.9552 OF 2023
IN
SECOND APPEAL (ST) NO.9162 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Balwant Jagdish Singh ...Respondent
WITH
INTERIM APPLICATION (ST) NO.9178 OF 2023
IN
SECOND APPEAL (ST) NO.9163 OF 2023
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Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Ajay Shashinath Dave ...Respondent
WITH
INTERIM APPLICATION (ST) NO.9444 OF 2023
IN
SECOND APPEAL (ST) NO.9164 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Dipika Suyog Patil ...Respondent
WITH
INTERIM APPLICATION (ST) NO.9166 OF 2023
IN
SECOND APPEAL (ST) NO.9165 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Nitin Gangaram Parte ...Respondent
WITH
INTERIM APPLICATION (ST) NO.9446 OF 2023
IN
SECOND APPEAL (ST) NO.9171 OF 2023
Vinay Shravankumar Agrawal ...Appellant/Applicant
Versus
Bhushan Kashinath Pawaskar ...Respondent
Ms. Ritika Agarwal a/w Sandesh Salunkhe i/b. Bharat Agarwal, for
the Appellant/Applicant.
CORAM : MADHAV J. JAMDAR, J.
DATE : 29th MARCH 2023
P.C. :
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1. Heard Ms. Agarwal, learned counsel appearing for the Appellant.
2. There are total 15 complaints filed before the Maharashtra Real
Estate Regulatory Authority, Mumbai by 15 flat purchasers. The learned
Member & Adjudicating Officer, MahaRERA, Mumbai directed payment of
interest at the rate of 10.5% from date of default till handing over
possession of the flat on the amount paid by the respective flat purchasers
to the Appellant who is the Developer.
3. The Appellant filed 15 Appeals before the learned Maharashtra Real
Estate Appellate Tribunal, Mumbai and by common Judgment and Order
dated 9th January, 2023 dismissed 14 Appeals. The Appellant i.e.
Developer in the meanwhile, has settled the claim of one of the flat
purchasers i.e. complainant - Mary Maurice. The Appellant has challenged
by these 14 Appeals, the orders passed by the learned MahaRERA,
Mumbai as well as the learned Appellate Tribunal.
4. In the meanwhile, on 24th February, 2023, the Circle Officer, Panvel,
Taluka-Panvel, District- Raigad took steps for execution of orders passed
by the learned MahaRERA, Mumbai as confirmed by the learned Appellate
Tribunal. As per the notice dated 24 th February, 2013, balance amount of
Rs.88,42,036/- was to be paid by the Developer.
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5. Ms. Agarwal states that, out of said amount, certain amount i.e.
Rs.29,85,350/- was deposited before the learned Appellate Tribunal. She
states that, Rs.88,42,036/- is arrived at even by taking into consideration
the claim of the complainant - Mary Maurice, settled by the Developer and
said amount of Rs.29,85,350/- which has already been deposited before
the learned Appellate Tribunal. She, therefore, submits that the balance as
per the notice dated 24th February, 2023 of the Circle Officer, Panvel,
Taluka-Panvel, District - Raigad is Rs.49,00,801/-.
6. Mr. Vinay Shravankumar Agrawal i.e. Appellant - Developer was
present in Court yesterday and has given oral undertaking to the Court
that he will deposit an amount of Rs.49,00,801/- before the learned
Appellate Tribunal on or before 11 th April, 2023. The Appellant has filed
written undertaking today. The said undertaking is accepted. Although in
the undertaking, it is stated by the Appellant that the said amount of
Rs.49,00,801/- would be deposited in the High Court, the said amount be
deposited before the learned Appellate Tribunal.
7. In view of the above undertaking and subject to deposit of the said
amount, execution and implementation of the impugned orders passed by
the learned Member & Adjudicating Officer, MahaRERA, Mumbai as
confirmed by the learned Appellate Tribunal shall remain stayed. It is
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clarified that, if amount as aforesaid is not deposited in this Court on or
before 11th April, 2023, stay granted by this Court shall stand vacated.
8. The Office has raised objection that, the Interim Application for
delay is not filed. It is the contention of Ms. Agarwal that, there is no delay
in filing the Second Appeal.
9. Subject to said objection of limitation and hearing the Respondent
on that point, issue notice to the Respondents, returnable on 12 th April,
2023.
10. In addition to the Court notice, the Applicant to serve the
Respondent by private notice and shall file affidavit of service before the
returnable date.
11. Stand over to 12th April, 2023 [First on Board] for reporting
compliance of this order.
[MADHAV J. JAMDAR, J.]
