Disposed

Parag Mangaldas Khatri and Anr. v. the Maharashtra Real Estate Regulatory Authority and 5 Ors.

Bombay HC10 Jan 2022WP/2/2022

Case brief

AI extract

What is this about?

In two writ petitions, the High Court requested the Maharashtra Real Estate Regulatory Authority to prioritize and dispose of pending non-execution applications filed in 2020, setting a target date for disposal. The court expressed no opinion on the merits of the case.

What did the court decide?

Requested, but not directed, the 1st Respondent to grant priority to pending applications and dispose of them by 28th February 2022.

Parag Mangaldas Khatri and Anr. Vs the… — Civil Procedure and Limitation | Bombay HC (2022)

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28-29-OSWP-5-2022-WITH-OSWP-2-2022.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 5 OF 2022

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Parag Mangaldas Khatri And Anr …Petitioners Versus The Maharashtra Real Estate Regulatory …Respondents Authority & Ors

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WITH

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WRIT PETITION NO. 2 OF 2022

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Parag Mangaldas Khatri And Anr …Petitioners Versus The Maharashtra Real Estate Regulatory …Respondents Authority & Ors

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SHEPHALI SANJAY MORMARE

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Digitally signed by SHEPHALI SANJAY MORMARE Date: 2022.01.10 17:11:10 +0530

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Ms Kashmira Bharucha , i/b Prasad G Gajbhiye, for the Petitioners in both matters.

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Mr Sukanta Karmakar, AGP , for the Respondent-State in both matters.

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CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 10th January 2022

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PC:-

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1. A short request in both these Petitions is for a direction to the 1st Respondent, the Maharashtra Real Estate Regulatory Authority

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Page 1 of 2 10th January 2022

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28-29-OSWP-5-2022-WITH-OSWP-2-2022.DOC

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( “MahaRERA” ) to hear the Petitioners’ Non-Execution Application or applications and to dispose these of as expeditiously as possible. In both matters, the applications were filed in February 2020. The complaint is that they have not been listed or taken up.

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2. We are mindful of the large number of the matters that are before the MahaRERA. Accordingly, we only request — but do not direct — the 1st Respondent to grant the Petitioners’ application all possible priority, subject to other fixed matters or part-heard matters and to endeavour to dispose of these applications as expeditiously as possible and preferably by 28th February 2022.

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3. We have expressed no opinion on the merits of the controversy between the parties. All contentions are expressly left open.

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4. Both Writ Petitions are disposed of in these terms. There will be no order as to costs.

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5. All concerned will act on production of a digitally signed copy of this order.

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(Madhav J. Jamdar, J)

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(G. S. Patel, J)

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Page 2 of 2 10th January 2022

Parag Mangaldas Khatri and Anr. v. the Maharashtra Real Estate Regulatory Authority and 5 Ors.

Case brief

What is this about?

What did the court decide?

Parag Mangaldas Khatri and Anr. v. the Maharashtra Real Estate Regulatory Authority and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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