Partly allowed

Sachin Bajla v. Honest Shelters Private Limited and Ors.

Bombay HC6 Sept 2024IA/12197/2024

Case brief

AI extract

What is this about?

The High Court admitted a second appeal and interim application regarding RERA Act compliance. The court posed substantial questions on the quantum of deposits for interim relief and the enforceability of allotment letters, while granting time for an additional affidavit.

What did the court decide?

Notice waived by respondent, principal Secretariat/Record Call ordered, private paperbook time extended, ad-interim relief granted on prayer clause (b), application listed for urgent orders.

Sachin Bajla vs Honest Shelters Private Limited and… — Writ and Judicial Review | Bombay HC (2024)

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52-sa-534-2024-ia-12197-2024.doc

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varsha

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO. 534 OF 2024

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Digitally signed by VARSHA VARSHA VIJAY VIJAY RAJGURU RAJGURU Date: 2024.09.13 10:41:25 +0530

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WITH

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INTERIM APPLICATION NO. 12197 OF 2024

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SECOND APPEAL NO. 534 OF 2024

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Sachin Bajla … Appellant/Applicant

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vs.

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Honest Shelters Private Limited and … Respondents Ors

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Mr. Vineet Naik, Senior Counsel, Mr. Kunal Mehta a/w. Mr. Robin Fernandes, Mr. Sukrit Parashar, Ms. Lillyan Thangkhiew and Ms. Rashi Oswal i/b. M/s. Vesta Legal, for Appellant.

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Mr. Mayur Khandeparkar a/w. Mr. Rubin Vakil, Ms. Saloni Sulakhe, Mr. Ramana Deshmukh i/b. Dhaval Vussonji and Associates, for Respondents.

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CORAM : GAURI GODSE, J.

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DATED : 6^th SEPTEMBER 2024

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ORDER:

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Heard learned counsels for the parties. Second Appeal is

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admitted on the following substantial questions of law:

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I) As a matter of law, if the Real Estate (Regulation and

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Development (RERA) Appellate Tribunal is of the view that

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Page no. 1 of 3

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interim reliefs in an Appeal may be granted subject to an allottee depositing monies towards allotment of a flat, then whether the condition of deposit can exceed the maximum quantum contemplated by Section 13(1) of the RERA Act?

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II) Whether the RERA Appellate Tribunal can pass interim orders subject to compliance with conditions which have the effect of defeating the prohibition stipulated by Section 13(1) of the RERA Act?

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III) Whether the terms of a letter of allotment can be enforced despite the same being contrary to the provisions of MOFA and the RERA Act?

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Mr. Khandeparkar, waives notice on behalf of Respondents.

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Call for records and proceedings.

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Printing is dispensed with.

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Learned advocate for the appellant shall file private paperbook within a period of one year from today.

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INTERIM APPLICATION NO. 12197 OF 2024

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Learned counsel for the applicant seeks time to file an additional affidavit in support of the interim application. He

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Page no. 2 of 3

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submits that as per the recent disclosure of RERA website the area of the flat in question has been completely changed. Two weeks time is granted to file additional affidavit with an advance copy to the learned advocate for the respondent.

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If ad-interim relief is not granted, serious prejudice would be caused to the applicant’s rights as substantive appeal is still pending before the RERA Appellate Tribunal. Hence, in the meantime, there will be ad-interim relief in terms of prayer clause (b).

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Learned counsel for the respondent is at liberty to file affidavit-in-reply to the main application as well as to the additional affidavit.

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List the application under the caption for ‘urgent orders’ on 19^th November 2024.

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(GAURI GODSE, J.)

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Page no. 3 of 3

Sachin Bajla v. Honest Shelters Private Limited and Ors.

Case brief

What is this about?

What did the court decide?

Sachin Bajla v. Honest Shelters Private Limited and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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