Jawala Real Estate Private Limited vs Anita Hemraj Bora
2024 Latest Caselaw 2280 Bom

Bombay High Court

Jawala Real Estate Private Limited vs Anita Hemraj Bora on 24 January, 2024

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                                                            901 - SA 463 OF 2023.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION
                     SECOND APPEAL NO. 463 OF 2023
                               ALONGWITH
                 INTERIM APPLICATION NO. 14578 OF 2023
                                   IN
                     SECOND APPEAL NO. 463 OF 2023

M/s. Jawala Real Estate Private Limited
& Anr.                                                  ..... Appellants/
                                                        Applicants

          VERSUS

Anita Hemraj Bora                                       ..... Respondent

Mr.Rafique Dada, Senior Counsel a/w. Mr.Amogh Singh, Ms.Pooja
Tated Singhvi, Mr.Rahul Arora, Mr.Akash Gupta, Mr.Jeet Gandhi
for the Appellants/Applicants.

Mr. R.D.Soni, a/w. Mr.Tejas D.Deshmukh, Ms.Kshema Mahuli,
Sulagna Mohanty, Mr.Anshuman Deshmukh i/b. Mr.Sagar Kursija
for the Respondent.
                                         CORAM: RAJESH S. PATIL, J.

                                         DATE    : 24 JANUARY, 2024

P.C. :-

This Second Appeal challenges the judgment and order

dated 8 June, 2023 passed by the Maharashtra Real Estate

Appellate Tribunal, Mumbai in M. A. No. 661 of 2022, (I.R. &

Possession) in Appeal No.AT006000000053567 thereby allowing

the Appeal of Complainant/Allottee, directing the appellants

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901 - SA 463 OF 2023.doc

herein/ promoter to handover possession of the Flat No. A-3901

in Building named Lodha Marquise, P. B. Marg, Worli, Mumbai.

2. Mr.Soni, learned counsel appearing for the

Complainant/Allottee/Respondent herein, submits that the

Complainant/respondent has already complied with the

directions passed in paragraph no.20(i) of order dated 8 June

2023 by depositing the entire amount as mentioned therein. He

further submits that even after Complainant complying with her

part, the Appellants/Promoter have not handed over the

possession of Flat No.A-3901 as directed to the

Appellants/Promoter in paragraph no.20(v), of order dated 8

June 2023.

3. Mr. Rafique Dada, learned senior counsel appearing for the

Appellants/Promoter submits that the matter has been fixed

tomorrow for final arguments in Appeal

No.AT006000000053567, therefore an interim order to deliver

possession to Complainant, could not have been passed. He

therefore, submits that the impugned order should be set aside.

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901 - SA 463 OF 2023.doc

4. Taking into consideration that the impugned order is

passed on 8 June 2023, and the Complainant/Allottee has

already complied with the direction as specified in the order,

suffice would be the purpose if Appellants/Promoter also

complies with the direction, as specified in order dated 8 June

2023.

5. The Appellants/Promoter are hereby directed to comply

with the directions as mentioned in paragraph 20(v) of order

dated 8 June 2023 immediately. For convenience of parties, the

process of handing over possession of Flat No.A-3901 is fixed on

by 30 January, 2024 at 11.00 am., which will be without

prejudice to the rights and contentions of the parties.

6. The respondent Complainant/Allottee is also directed that

she will not create any third party interest as regards the subject

flat, till further orders are passed by this Court.

7. Place this matter on board on 16 February, 2024 at 2.30

p.m, for further consideration.

[RAJESH S. PATIL, J.]