Appeal against MahaRERA Appellate Tribunal order setting aside ex-parte order allowed. Ex-parte order set aside, reply ordered, and Rs.1 Lakh costs imposed on appellant due to negligence.
Order dated 09 August 2023 set aside; ex-parte order vacated; costs of Rs.1 Lakh imposed.
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kishor 1/3 902 IA 1147 of 2024 (O).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.77 OF 2024. WITH
INTERIM APPLICATION NO.1147 OF 2024
Reliance Industries Ltd. ...Appellant Versus Heavy Hydraulic India Pvt. Ltd. ...Respondents
Mr. Rubin Vakil, a/w. Mr. Ativ Patel, Mr. Darshit Dave, Mr. Amey Nabar i/b. A.V.P. Partners for Appellant.
Mr. Shishir Joshi, i/b. Ms. Priti Joshi, for Respondent No.1.
CORAM : SANDEEP V. MARNE, J. DATED : 09 FEBRUARY 2024.
P.C. :
The challenge in the present Appeal is to the Order dated09 August 2023 passed by the MahaRERA Appellate Tribunal rejecting Miscellaneous Application No.203 of 2023 filed by the Appellant for setting aside the ex-parte Order.
kishor 2/3 902 IA 1147 of 2024 (O).docx
Appellant was served with private Notices in the Appeal on 03 occasions and Court Notice on 13 July 2022. It therefore appears that there is some negligence on the part of Appellant in not participating in the proceedings pending before the Tribunal since the year 2019. However, at the same time the Appeal is not being taken up for final hearing as the Original Complainant has made an Application before the Tribunal for impleadment of the Resolution Professional in respect of Raghuleela Builders Pvt. Ltd. In that view of the matter, no prejudice would be caused if the Appellant is permitted to participate in the hearing of the Appeal. Therefore instead of admitting the Second Appeal, the proper course of action would be to permit Appellant to participate in hearing of the appeal by setting aside the Order dated 09 August 2023. The learned counsel appearing for Appellant assures the Court that affidavit in reply in the Appeal would be filed within 02 weeks from today. Considering the negligent conduct of the Appellant, costs are required to be imposed while setting aside the ex-parte Order. Accordingly, I proceed to pass following Order :
i) Order dated 09 August 2023 passed by the MahaRERA Appellate Tribunal is set aside and Miscellaneous Application No.203 of 2023 is allowed in terms of prayer clause made therein.
ii) Appellant to file affidavit in reply to Appeal within a period of 02 weeks from today.
iii) Appellant to pay costs of Rs.1 Lakh to Respondent within a period of 02 weeks from today. Payment of costs would be a
kishor 3/3 902 IA 1147 of 2024 (O).docx
pre-condition for filing of reply and participation in Appeal proceedings by the Appellant.
SANDEEP V. MARNE, J.
Digitally signed KISHOR by KISHORVISHNU VISHNU KAMBLE KAMBLE Date:2024.02.13 16:15:41 +0530
Reliance Industries Ltd.
Heavy Hydraulic India Pvt. Ltd.
SANDEEP V. MARNE
As recorded by the court registry
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