Disposed

Motif Builders and Developers Pvt. Ltd. v. Shahul Hameed Veedikathodi

Kerala HC6 Jun 2023WP(C)/949/2023

Case brief

AI extract

What is this about?

Single judge of High Court of Kerala disposed of writ petition seeking direction to REAT to accept appeal on 30% pre-deposit. Held such matters are within Tribunal's discretion. Ordered Tribunal to consider petitioner's additional document and pass orders within one month.

What did the court decide?

Directions to REAT to consider Ex.P7 and pass orders in the appeal within one month.

Motif Builders and Developers Pvt. Ltd. Vs Shahul Hameed… — Specific Performance | Kerala HC (2023)

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WP(C) NO. 949 OF 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 6^TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945

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WP(C) NO. 949 OF 2023

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PETITIONER/S:

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1 MOTIF BUILDERS AND DEVELOPERS PVT. LTD PADAMUGAL, KAKKANAD, KOCHI - 682021 REPRESENTED BY ITS MANAGING DIRECTOR ALTHAF M. Y AGED 44 YEARS, S/O YAHIYA, YAHIYA MANSIL, 10.1449 A, K. B JACOB ROAD, FORT KOCHI P.O, ERNAKULAM, PIN – 682021.

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2 ALTHAF M Y, AGED 44 YEARS S/O YAHIYA, YAHIYA MANSIL, 10.1449 A, K. B JACOB ROAD, FORT KOCHI P.O, ERNAKULAM, PIN – 682001. BY ADVS.

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MILLU DANDAPANI
S.VISHNU

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RESPONDENT/S:

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1SHAHUL HAMEED VEEDIKATHODI, AGED 45 YEARS
VEEDIKATHODI HOUSE, KAIPPURAM, NADUVATTOM P.O,
PALAKKAD, PIN - 679308

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2 T. H SALIM, AGED 61 YEARS S/O LATE T.A HASSAN, THACHARUKUDY HOUSE, PALLUPIRAM KARA, MUDIKKAL P.O, MARAMPILLY VILLAGE, ALUVA TALUK, ERNAKULAM, PIN - 683547

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3 REGEENA SALIM, AGED 53 YEARS, W/O T. H SALIM, THACHARUKUDY HOUSE, PALLUPIRAM KARA, MUDIKKAL P.O, MARAMPILLY VILLAGE, ALUVA TALUK, ERNAKULAM, PIN - 683547

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4 ADDL.R4. KERALA REAL ESTATE APPELLATE TRIBUNAL KURAVI BUILDING, ST VINCENT ROAD, NEAR NORTH RAILWAY STATION, ERNAKULAM - 682018, REPRESENTED BY ITS REGISTRAR IS IMPLEADED AS PER THE ORDER DATED 09.02.2023 IN I.A. NO. 1/2023.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 949 OF 2023

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P.V.KUNHIKRISHNAN, J

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WP(C) No. 949 of 2023

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Dated this the 6th day of June, 2023

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J U D G M E N T

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The above writ petition is filed with the following prayers:-

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I) Issue a writ, order or direction in the nature of mandamus directing the Real Estate Appellate Tribunal, Ernakulam to accept the appeal filed by the petitioners on the files without insisting payment of the entire penalty amount in Ext.P6 order;

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ii) Issue a writ, order or direction in the nature of declaration declaring that the appeal of the petitioner can be considered on payment of 30% of the penalty amount;

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iii) Issue a writ, order or direction in the nature of mandamus directing the Real Estate Appellate Tribunal, Ernakulam to consider IA 126 of 2022 and pass order reducing the amount of pre-deposit as 30% of the penalty amount;

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iv) Issue a writ order or direction reducing the pre-deposit as 30% of the penalty amount;

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v) Grant such other or further relief as this Hon’ble Court deems fit to grant in the particular facts and circumstances of this case, including the cost of these proceedings and

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vi) Award costs.

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The main prayer in the writ petition is to issue

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WP(C) NO. 949 OF 2023

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appropriate direction to the Real Estate Appellate Tribunal, Ernakulam to accept the appeal filed by the petitioners on the files without insisting payment of the entire penalty amount in Ext.P6 order. It is submitted by the petitioners that the petitioners are ready to pay 30% of the penalty amount as per the proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 which says that, atleast 30% need to be deposited. The petitioners are ready to deposit 30%. I am of the considered opinion that these are matters to be decided by the Tribunal concerned. This court cannot pass any orders in such cases, because it is the discretion of the Tribunal. When the petitioners are ready to deposit 30% of Ext.P6 order, the Tribunal has to consider that prayer.

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The grievance of the petitioners is that even though the petitioners submitted Ext.P7, the same is not considered by the Tribunal. I am of the considered opinion that, the Tribunal has to consider Ext.P6 and pass orders regarding the request of the petitioners that the petitioners may be allowed to deposit 30% of Ext.P6 order. Therefore, the writ petition is disposed of with the following directions:-

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WP(C) NO. 949 OF 2023

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The fourth respondent is directed to consider and pass appropriate orders on Ext.P7, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

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Based on the above order, the Tribunal shall pass appropriate orders in the appeal.

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With the abovesaid directions, the writ petition is

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disposed of.

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sd/-

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P.V.KUNHIKRISHNAN, JUDGE

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R.AV

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WP(C) NO. 949 OF 2023

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APPENDIX OF WP(C) 949/2023

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`PETITION`	`ER EXHIBITS`
`Exhibit`	`P1`	`TRUE COPY OF THE JOINT VENTURE AGREEMENT` `HAVING THE 1ST PETITIONER AS THE 2ND PARTY` `AND THE 2ND AND 3RD RESPONDENTS AS THE 1ST` `PARTY DATED 07.10.2008.`
`Exhibit`	`P2`	`TRUE COPY OF THE AGREEMENT BETWEEN THE` `PETITIONERS AND THE 1ST RESPONDENT HEREIN` `DATED 17.11.2009.`
`Exhibit`	`P3`	`TRUE COPY OF THE APPLICATION SUBMITTED BY` `THE 2ND AND 3RD RESPONDENTS HEREIN ON` `BEHALF OF THE JOINT VENTURE BEFORE THE` `ALUVA MUNICIPALITY.`
`Exhibit`	`P3(a)`	`TRUE COPY OF THE RECEIPT ISSUED BY THE` `ALUVA MUNICIPALITY BEARING NO. 5893/22` `DATED 05.05.2022.`
`Exhibit`	`P4`	`TRUE COPY OF THE COMPLAINT BEARING NO. 31` `OF 2022 BEFORE THE REAL ESTATE REGULATORY` `AUTHORITY.`
`Exhibit`	`P5`	`THE TRUE COPY OF THE OBJECTION FILED BY THE` `PETITIONERS HEREIN IN COMPLAINT NO. 31 OF` `2022.`
`Exhibit`	`P6`	`TRUE COPY OF THE ORDER IN COMPLAINT NO. 31` `OF 2022 OF KERALA REAL ESTATE REGULATORY` `AUTHORITY DATED 26.08.2022.`
`Exhibit`	`P7`	`TRUE COPY OF THE I.A NO. 126 OF 2022` `PETITIONERS IN REFA 79 OF 2022 BEFORE THE` `APPELLATE TRIBUNAL`

Motif Builders and Developers Pvt. Ltd. v. Shahul Hameed Veedikathodi

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Motif Builders and Developers Pvt. Ltd. v. Shahul Hameed Veedikathodi

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