Maniben Patel and Ors. vs Tirupati Developers Through its Partners — Bombay HC (2025) — LawSathi Research

Maniben Patel and Ors. vs Tirupati Developers Through its Partners — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Observations recorded: Respondents may request the RERA Authorities to clear the file (Application No. REA51700168810), the RERA Authorities to scrutinize the proposal as early as possible; parties to act on an authenticated copy of the order; matter stood over to 4 November 2025 under the caption 'Compliance' at 3.00 p.m.

Issue for consideration

Whether, in the pending Contempt Petition, observations can be made so that the RERA Authorities clear RERA Application No. REA51700168810 at the earliest, thereby enabling full implementation of the consent terms. +1 more

Court's answer

The Respondents can request the RERA Authorities to clear the file (Application No. REA51700168810) as there is a Contempt Petition pending against them.

Ratio / Principle

The RERA Authorities are to scrutinize the proposal (Application No. REA51700168810) as early as possible, there being a Contempt Petition pending against the Respondents.

Key takeaways

As recorded by the Court, the IOD and Sanction from Kalyan Dombivali Municipal Corporation have already been obtained and the concerned RERA Authorities have also been approached.ratio¶17
The Court recorded that the date of payment in the RERA process is 26 April 2025, that there is a mandatory period of 45 days for finalizing the proposal, that almost 4 months have expired, and yet the RERA clearance is not granted.ratio¶21

Detailed headnote1 paragraphs

BOMBAY HIGH COURT (Civil Appellate Jurisdiction), Contempt Petition No. 47 of 2025; Coram: S. M. Modak, J.; decided 9 September 2025. Petitioners: Maniben Patel and Ors.; Respondents: Tirupati Developers through its Partners and Ors. Under consent terms executed on 29 November 2021, Clause No.7 obliged the Respondents to obtain the requisite IOD and Sanction and to apply for RERA Registration. The IOD and Sanction from Kalyan Dombivali Municipal Corporation were obtained and the RERA Authorities approached; the RERA extract showed payment dated 26 April 2025, but although a mandatory 45-day period applies to finalizing the proposal, almost 4 months expired and RERA clearance (Application No. REA51700168810) was not granted, preventing full implementation of the consent terms. The Court observed that the Respondents can request the RERA Authorities to clear the file, there being a Contempt Petition pending against them, and that the RERA Authorities should scrutinize the proposal as early as possible; parties to act on an authenticated copy; matter stood over to 4 November 2025 under 'Compliance' at 3.00 p.m.

19-CP-47-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO.47 OF 2025

SATISH RAMCHANDRA SANGAR

Maniben Patel and Ors. ...Petitioners

V/s.

Digitally signed by SATISH RAMCHANDRA SANGAR Date: 2025.09.17 19:18:06 +0530

Tirupati Developers Through its Partners and Ors. ...Respondents

Mr.Darryl Pereira a/w Ms.Natasha Advocates for Petitioners. Kasad and Ms.Beverly Fernandes:Mr.Nikhil Waje and Mr.Pratik Advocates for Respondents. Thorat:-

*****

CORAM : S. M. MODAK, J. DATE : 9^th SEPTEMBER 2025

P. C. :-

Heard learned Advocate for the respective parties.

All the partners of the Respondent No.1 are present. There is ‘consent terms’ executed between the parties on 29^th November 2021.

Clause No.7 mandates the Respondents to obtain requisite Intimation of Disapproval (“ IOD ”), Sanction and to apply for RERA Registration.

The IOD and Sanction from Kalyan Dombivali Municipal Corporation are already obtained. Even the concerned RERA Authorities are also approached. A copy of extract from the website of

Satish Sangar

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19-CP-47-2025.doc

RERA is produced on behalf of the Respondents. The date of payment is mentioned as 26^th April 2025. There is a mandatory period of 45

days for finalizing the proposal. Almost 4 months have expired. Yet the

. RERA clearance is not granted

For want of clearance, the ‘consent terms’ could not be implemented to the fullest extent. That is why the present Contempt Petition is filed. There is a request to have certain observations so that

the RERA Authorities can clear the file i.e. Application

No.REA51700168810 at the earliest.

The Respondents can request the RERA Authorities to clear the

file ( Application No.REA51700168810 ) as there is Contempt Petition

pending against them and the RERA Authorities to scrutinize the

. proposal as early as possible

Parties to act on an authenticated copy of this order.

Stand over to 4^th November 2025 . To be listed under the caption

for “ Compliance ” at 3.00 p.m .

Satish Sangar

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