Bombay High Court
Rite Developers And Anr vs Mukesh Rane And Anr on 16 July, 2025
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2025:BHC-AS:29500 909-SA-266-2025+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.266 OF 2025
Rite Developers & Anr. ...Appellants
Versus
Mukesh Rane & Anr. ...Respondents
WITH
INTERIM APPLICATION NO.6614 OF 2025
IN
SECOND APPEAL NO.266 OF 2025
Rite Developers & Anr. ...Applicants
Versus
Mukesh Rane & Anr. ...Respondents
Mr. Aseem Naphade a/w. Mr. Chirag Sarawagi i/b. Mr. Tushar
Garodia, for the Appellants/Applicants.
Ms. Nirali Atha i/b. Dua Associates, for the Respondents.
CORAM: MADHAV J. JAMDAR, J.
DATED : 16th JULY 2025
JUDGMENT:
1. This Court has passed the following order on 9th July 2025:
"1. Heard Mr. Naphade, learned Counsel appearing
for the Appellants. He states that the following
substantial questions of law arises in this Second
Appeal:
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(a) Whether the Hon'ble Maharashtra Real Estate
Appellate Tribunal ought to have heard and
considered the Miscellaneous Application on merits
rather than dismissing the same on the ground of
alleged delay?
(b) Whether the Hon'ble Maharashtra Real Estate
Appellate Tribunal ought to have considered that in
the facts and circumstances of the present matter,
the Appellant could have never filed the
Miscellaneous Application within 30 days from the
order dated 16th January 2023 seeking restoration
of the Appeal as prescribed under the Rules because
the cause of action in the above matter arose only
after the Hon'ble MAHA RERA had forwarded
letters dated 5th April 2023 and 26th June 2023
seeking payment of the penalty amounts from the
Appellants?
2. Mr. Naphade, learned Counsel submits that in
fact the Appellants and the Respondents both have
settled the dispute and the Appeal was filed as
MahaRERA authority has sent letters dated 5 th April
2023 and 26th June 2023 seeking that penalty
amount be paid by the Appellants.
3. Apart from that Mr. Naphade, learned Counsel
submits that the action has been taken suo motu by
the MahaRERA without there being application of
the Respondents.
4. As very narrow question is involved and as the
parties have settled the dispute, only modification
of the order dated 26th August 2019 passed in
Complaint No. CC006000000056322 is required in
terms of the settlement, issue notice to the
Respondents for final disposal at the admission
stage, returnable on 15th July 2025 at 03:00 p.m..
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5. Till next date, ad-interim relief in terms of prayer
clause (a)."
2. Mr. Naphade, learned Counsel tenders synopsis of relevant
dates, which is as follows:
DATE AND EVENTS
Sr. Date Particulars
No.
1. 2018 Complaint filed by the Respondents against
the Appellant before the Hon'ble MahaRERA
seeking execution of the Agreement for Sale.
2. 26.08.2019 The Hon'ble MAHA MahaRERA passed an
Order directing the Appellants to execute the
Agreement of Sale with the Respondents.
3. 28.09.2019 The Appellants filed an Appeal against the
said Order dated 26.08.2019
4. 08.11.2019 The Hon'ble Appellate Tribunal passed an
directing the Appellants to deposit 50% of the
amount as per the Order dated 26 th August
2019 as per Section 43(5).
5. 16.12.2022 During the pendency of the Appeal, the
parties settled the matter and executed an
Agreement for Sale.
6. 31.12.2022 Thereafter, the Respondents took possession
of the said flat pursuant to the Agreement for
Sale.
7. 16.01.2023 Order passed by the Hon'ble Appellate
Tribunal disposing the Appeal as withdrawn
and directing the registry to return to the
Appellants the amounts so deposited.
8. 05.04.2023 Letter forwarded by the Hon'ble MahaRERA
Authority calling upon the Appellants to pay
the Penalty of Rs.5,00,000/- imposed vide
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Order dated 26th August 2019.
9. 05.05.2023 Letter forwarded by the Appellants to Hon'ble
MahaRERA clarifying why the Appellants are
not liable to pay the Penalty
10. 26.06.2023 Letter forwarded by the Hon'ble MahaRERA
Authority stating that the Order dated 26th
August 2019 was not modified or set aside.
11. 28.07.2023 Appellants filed Miscellaneous Application
No.470 of 2023 seeking modification of order
dated 16th January 2023.
12. 06.10.2023 Demand Notice issued by the Tahsildar
Andheri, claiming Rs. 10,00,000/- from the
Appellants
13. 24.11.2023 Letter forwarded by Advocates of the
Appellants to the Tahsildar stating that they
are not liable to pay the penalty amount.
14. Additional Affidavit filed by the Appellants in
the Miscellaneous Application.
15. 18.12.2023 Order passed by the Hon'ble Appellate
Tribunal dismissing the Miscellaneous
Application No.470 of 2023.
16. 18.01.2024 Hence, the Second Appeal
3. The factual position as set out herein above clearly shows
that the parties have arrived at settlement and therefore, the
Appeal filed before the learned Appellate Tribunal was withdrawn.
Thereafter, MahaRERA authorities issued notice to the Appellant to
pay the penalty of Rs.5,00,000/- imposed by order dated 26 th
August 2019. In view of the aforesaid, the Appellants filed
Miscellaneous Application No.469 of 2023 seeking the following
reliefs:
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"a. That this Hon'ble Tribunal be pleased to pass
appropriate Orders and/or directions for restoration
of the above Appeal No.AT006000000031817 OF
2019;
b. That this Hon'ble Tribunal be please to pass
appropriate Orders and/or directions for
th
modificaiton of the Order dated 16 January 2023
to the extent that the directions contained in the
Order dated 26th August 2019 passed by the Hon'ble
MAHA RERA i.e. directing the Appellants to pay
penalty of Rs.5,00,000/- for contravening Section
13 under Section 61 of RERA be set aside."
4. Ms. Nirali Atha, learned Cousnel apeparing for the
Respondents states that in fact, the parties have settled the dispute
and the flat in question has alredy been handed over to the
Respondents. She therefore, states that the Respondents have no
objection, if the Miscellaneous Application No.469 of 2023 filed
before the MahaRERA is allowed in terms of prayer clauses (a) and
(b).
5. Accordingly, by consent of parties, the Second Appeal is
allowed. The said Miscellaneous Applicaiton No.469 of 2023 filed
before the MahaRERA is allowed in terms of prayer clauses (a) and
(b).
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6. The Second Appeal is disposed of in above terms with no
order as to costs.
7. In view of the disposal of the Second Appeal, nothing
survives in the Interim Application and the same is also disposed
of.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2025.07.17
14:17:01
+0530
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