Bombay High Court
Skylink Hospitality Llp And Anr vs Shahrukh Adi Khan And 4 Ors on 19 January, 2024
2024:BHC-OS:1096-DB
1 (909) IAL-281.24-aw-APPL-276-aw-SS-7.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.281 OF 2024
IN
APPEAL (L) NO.276 OF 2024
IN
SUMMONS FOR JUDGMENT NO.13 OF 2023
IN
SUMMARY SUIT NO.7 OF 2023
WITH
APPEAL (L) NO.276 OF 2024
Skylink Hospitality LLP and anr. : Applicants/Appellants.
Vs.
Shahrukh Adi Khan and ors. : Respondents.
WITH
SUMMARY SUIT NO. 7 OF 2023 (NOB)
Shahrukh Adi Khan and anr. : Plaintiffs
Vs.
Skylink Hospitality LLP and ors. : Defendants.
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Mr. Karl Tamboly a/w Hrushi Narvekar,Samit Shukla, Saakshi
Saboo and Rohaan Pajnigar i/by DSK Legal for the
Applicants/Appellants.
Mr. Pramod Bhosale i/by Devika Nigade for the Respondent Nos.
1 and 2.
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CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &
ARIF S. DOCTOR, J.
DATE : 19th JANUARY, 2024
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P.C. :
1 On the last occasion the matter was stood over today
to enable the learned counsel appearing on behalf of the
Respondent Nos.1 and 2 - Original Plaintiffs to take instructions
on the issue of maintainability of the captioned Suit.
2. Today Mr. Bhosale appears for Respondent Nos.1 and
2 - Original Plaintiffs and seeks leave to withdraw the captioned
Suit with liberty to file appropriate proceedings before the
Maharashtra Real Estate Regulatory Authority ("RERA"). He
requests that since the captioned Suit is being withdrawn, this
Court may grant a refund of court fees. He also requests that a
directions to be passed for RERA to expedite the hearing of the
Application to be made by the Respondent Nos. 1 and 2 -
Original Plaintiffs.
3. Mr.Tamboly, the learned counsel appearing on behalf
of the Applicants/Appellants, has no objection to this course of
conduct. He, however, submits that the RERA has a fixed time-
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line and schedule for hearing of the matters and thus, the same
can be adverted to in the present case.
4. Having heard the learned counsel for the parties, we
pass the following order :-
:ORDER:
(i) Respondent Nos.1 and 2 - Original Plaintiffs are
permitted to withdraw the captioned Suit by virtue of
this order and the same stands dismissed as
withdrawn.
(ii) Respondent Nos. 1 and 2 - Original Plaintiffs are
permitted a refund of court fees which shall be as per
Rules.
(iii) In the event, an application is filed by Respondent
Nos.1 and 2 - Original Plaintiffs before the RERA
within a period of two weeks from the date on which
this order is uploaded, then in that case the RERA is
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requested to dispose of the same as expeditiously as
possible preferably within a period of three months
from the date of filing of the same subject to however
exigencies of the board of RERA.
(iv) We make it clear that withdrawal of the Suit shall not
in any manner come in the way of Respondent Nos.1
and 2 - Original Plaintiffs in the application to be filed
before RERA which shall be heard and decided on its
own merits.
(v) The captioned Appeal is accordingly disposed of in the
above terms.
(vi) In view of disposal of the Appeal, the Interim
Application does not survive and the same is also
disposed of accordingly.
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
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