Page No.# 1/3 vs Sri Mayank Somani
2025 Latest Caselaw 2886 Gua

Gauhati High Court

Page No.# 1/3 vs Sri Mayank Somani on 5 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/3

GAHC010017972025




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


          I.A.(Civil)/177/2025

         M/S SEVEN CITY DEVELOPERS PRIVATE LIMITED

         REPRESENTED BY ONE OF ITS DIRECTOR MS. KILTY SARKAR
         OFFICE AT 325
         (A) WING SHANTI SHOPPING CENTRE
         OPP. RAILWAY STATION
         MIRA ROAD EAST
         THANE MAHARASHTRA.

         2: MS KITTY SARKAR
         DAUGHTER OF SRI. DINESH NARAYAN MATHUR
          RESIDENT OF A 302
          PANCH NATRAJ
         YARI ROAD
         VERSOVA
         ANDHERI (WEST)
          MUMBAI
          MAHARASHTRA.
         VERSUS

         SRI MAYANK SOMANI

         RESIDENT OF FLAT NO. 305
         BHUBANESHWAR TOWER
         CHOLADHARA
         TRP ROAD
         JORHAT
         ASSAM- 795001


         In Case No. : RERA APPEAL/1/2025

       M/S SEVEN CITY DEVELOPERS PRIVATE LIMITED,
                                                                     Page No.# 2/3

        REPRESENTED BY ONE OF ITS DIRECTOR MS. KILTY SARKAR, OFFICE AT
        325, (A) WING SHANTI SHOPPING CENTRE, OPP. RAILWAY STATION, MIRA
        ROAD EAST, THANE MAHARASHTRA.

        2: MS KITTY SARKAR
         DAUGHTER OF SRI. DINESH NARAYAN MATHUR
         RESIDENT OF A 302
         PANCH NATRAJ
        YARI ROAD
        VERSOVA
        ANDHERI (WEST)
         MUMBAI
         MAHARASHTRA

        VERSUS

        SRI MAYANK SOMANI,
        RESIDENT OF FLAT NO. 305, BHUBANESHWAR TOWER, CHOLADHARA,
        TRP ROAD, JORHAT, ASSAM- 795001




Advocate for the applicant(s): Ms. G Goswami


Advocate for the respondent(s): X X



                                 BEFORE
                 HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                      ORDER

05.02.2025

Heard Ms. G Goswami, the learned counsel appearing on behalf of the appellant/applicant.

2. This is an application under Order XLI Rule 5 read with Section 151 of the Page No.# 3/3

Code of Civil Procedure, 1908 (for short, the Code) for stay/suspension of the operation and execution of the impugned judgment and order dated 29.11.2024 passed by the learned Real Estate Appellate Tribunal, Assam in Reat/ Assam/Appeal No.05/2024.

3. It has been submitted that an amount of Rs.10,87,000/- (Rupees Ten Lacs and Eighty Seven Thousand) only had already been deposited by the appellant before the Tribunal pursuant to the order dated 21.06.2024 passed in the First Appeal filed before the learned Appellate Tribunal. The learned counsel appearing on behalf of the appellant submitted that there is a direction in the impugned judgment dated 29.11.2024 for disbursing an amount of Rs.10,57,000/- (Rupees Ten Lacs and Fifty Seven Thousand) only to the respondent.

4. Taking into account that the instant appeal has already been admitted by formulating the substantial question of law, it is the opinion of this Court that ends of justice would be met if the impugned direction so passed in paragraph No.23 of the judgment and order dated 29.11.2024 is stayed till the disposal of the present appeal. Accordingly, the directions contained in paragraph 23 of the impugned judgment and order dated 29.11.2024 is stayed till the disposal of the appeal.

5. Interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant