Disposed

M/S Prescon Homes Pvt. Ltd., Thr. Authorised Representative Mrs Puja Naik v. Joseph Bonaventure Rodrigues

Bombay HC24 Mar 2026MCA/146/2026

Case brief

AI extract

What is this about?

Second appeal under Section 58 of the RERA Act challenging a Maharashtra Real Estate Appellate Tribunal order. By consent, with the 84-year-old respondent agreeing to end litigation, the impugned order was set aside and the Tribunal was directed to decide the pending appeal within 60 days.

What the court decided

AI extract

M/S Prescon Homes Pvt. Ltd., Thr. Authorised… — Property and Title | Bombay HC (2026)

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2026:BHC-GOA:573

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M/s Prescon Homes Pvt. Ltd. Vs. Joseph Bonaventure Rodrigues & Anr.

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__________________________________________________ SA No. 8 of 2026

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Esha

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IN THE HIGH COURT OF BOMBAY AT GOA

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SECOND APPEAL NO. 8 OF 2026 WITH

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MISC. CIVIL APPLICATION NO. 146 OF 2026 IN SECOND APPEAL NO. 8 OF 2026

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M/S PRESCON HOMES PVT. LTD., … APPELLANT THR. AUTH. REP. MRS. PUJA NAIK

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~ VERSUS ~

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JOSEPH BONAVENTURE RODRIGUES … RESPONDENTS & ANOTHER

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APPEARANCES:

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for the Appellant Mr. Iftikhar Agha with Ms. Valencia Fernandes

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for the Respondents

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Mr. Shivam Fadte

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CORAM : AMIT S. JAMSANDEKAR, JJ.

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DATED : 24^th MARCH 2026

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P.C:

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1. By the present Second Appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), the Appellant has

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Page 1 of 3

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March 24, 2026

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M/s Prescon Homes Pvt. Ltd. Vs. Joseph Bonaventure Rodrigues & Anr.

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SA No. 8 of 2026

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challenged the order passed by the Learned Maharashtra Real Estate Appellate Tribunal ( the Tribunal ) dated 18^th February 2026 ( the impugned order ).

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2. The original Appeal filed by the Appellant is pending before the Tribunal and, in fact, listed for hearing on 25^th March 2026.

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3. There are many issues raised on behalf of the Appellant in the present Appeal. On behalf of the Respondents, these issues are denied. The real controversy between the parties concerns the duration of the interest payable by the Appellant to the Respondents. It is submitted on behalf of the Appellant that the Appellant has complied with the order dated 5^th March 2025 passed by the Tribunal, and the interest amount deposited by the Appellant is in accordance with the order dated 5^th March 2025. Admittedly, the Appellant has paid the principal amount of Rs.42,52,500/to the Respondents.

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4. The Respondent No. 2, Mr. Joseph Rodrigues, is personally present in Court. He is 84 years old. He expressed his desire to put an end to the litigation and agreed that the Appeal pending before the Tribunal be heard expeditiously.

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5. In view thereof, the Learned Counsel appearing for the parties, on instructions, submitted that the impugned order be set aside by consent and the Appeal be expedited, considering the age of the Respondent No. 2.

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Page 2 of 3 March 24, 2026

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M/s Prescon Homes Pvt. Ltd. Vs. Joseph Bonaventure Rodrigues & Anr.

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__________________________________________________ SA No. 8 of 2026

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6. In view thereof, the impugned order dated 18^th February 2026 is set aside by consent . The Tribunal is requested to take the pending Appeal No. AT07/00407/2025 for hearing and final disposal, and dispose of it within a period of 60 days from today.

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7. The present Appeal is disposed of in the above terms.

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8. Consequently, the Miscellaneous Civil Application No. 146 of 2026 is also disposed of.

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9. No order as to cost.

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10. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[ AMIT S. JAMSANDEKAR, J. ]

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Page 3 of 3 March 24, 2026

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Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 24/03/2026 17:47:49

M/S Prescon Homes Pvt. Ltd., Thr. Authorised Representative Mrs Puja Naik v. Joseph Bonaventure Rodrigues

Case brief

What is this about?

What the court decided

M/S Prescon Homes Pvt. Ltd., Thr. Authorised Representative Mrs Puja Naik v. Joseph Bonaventure Rodrigues

Case brief

What is this about?

What the court decided

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