Disposed

Ajit Jain and Ors. v. State of Maharashtra Thr the Office of Government Pleader and Ors.

Bombay HC15 Feb 2024WP/15503/2022

Case brief

AI extract

What is this about?

The High Court of Bombay directed the petitioners in a writ petition regarding a Maharashtra Real Estate Regulatory Authority order to file an appeal under Section 44(5) of the REA 2016 within two months. The court exercised discretion to allow adjudication without limitation objections.

What did the court decide?

Petitioners directed to file an appeal under Section 44(5) of the REA 2016 within two months, to be adjudicated without limitation bar; liberty granted for expeditious disposal of interim applications

Ajit Jain and Ors. Vs State of Maharashtra Thr the Office… — Consumer Protection | Bombay HC (2024)

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5-WP-15503-2022.DOC

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S.R.JOSHI

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION

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WRIT PETITION NO. 15503 OF 2022

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Ajit Jain & Others … Petitioner

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Versus

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State of Maharashtra & Others …Respondents

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Digitally signed by SMITA SMITA RAJNIKANT RAJNIKANT JOSHI JOSHI Date: 2024.02.22 10:28:29 +0530

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Mr. Aditya Pimple i/b. Ms. Nisha Kaba with Mr. Yaseen AK,Mr. Sean Ma, for the Petitioners.

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Ms P. J. Ghavane, AGP for Respondent No.1-State.

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Mr. A. K. Saxena, for Respondent No.2.

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Mr. Vishal Kanade with Mr. Shashikant P. Chaudhari, Adv. Snehal Chaudhari, Ms. Usha Chaudhari,Adv. Tanaya Patankar i/b. Maharashtra Law Associates, for Respondent No.3.

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Mr. Anand Pai with Mr. Bishwajeet Mukherjee, Humera Syed and Meet Gandhi, for Respondent No.5.

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_______________________ CORAM: G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. DATED: 15^th FEBRUARY, 2024

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P.C.

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We have heard the learned Counsel for the parties.

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2 It is not in dispute that the Petitioners have a remedy of an Appeal under Section 44 (5) of the Real Estate (Regulation and Development) Act, 2016, to approach the Appellate Authority in assailing the Order passed by Respondent No.2- Maharashtra Real Estate Regulatory Authority, Mumbai, which is the subject matter of the present proceedings.

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3 Considering the contentions as raised on behalf of the Petitioners, in our view, it would be appropriate for the Petitioners to invoke the remedy of an Appeal.

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Page 1 of 2 15 February, 2024

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This order is modified as per order dated 20^th February, 2024.

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5-WP-15503-2022.DOC

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4 We, accordingly dispose of the Petition by passing the following order:-

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(i) Appeal be filed by the Petitioners assailing the Order passed by Respondent No.2 within a period of two months from today. If such an appeal is filed, it be adjudicated on its own merits and without any objection as to limitation as the Petitioners were bona fide pursuing the present proceedings;

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(ii) In the event any Interim Application is filed in the said Appeal, the same be decided as expeditiously as possible, and, in any event, within a period of two months from the date of filing of such an Application;

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(ii-a) Liberty to make a request for expeditious disposal of the appeal;

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(iii) Writ Petition is disposed of on the above terms. No costs.

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(iv) All contentions of the parties are expressly kept open.

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(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.)

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Page 2 of 2 15 February, 2024

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This order is modified as per order dated 20^th February, 2024.

Ajit Jain and Ors. v. State of Maharashtra Thr the Office of Government Pleader and Ors.

Case brief

What is this about?

What did the court decide?

Ajit Jain and Ors. v. State of Maharashtra Thr the Office of Government Pleader 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

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