Impugned Order Put on Hold as High Court Grants Stay in Manoj Gagvani v. Sheth Infraworld Pvt. Ltd. & Ors Real Estate Dispute

In a significant development within the realm of real estate litigation, the Maharashtra Real Estate Appellate Tribunal's order has been temporarily suspended by the Hon'ble High Court. The case, Appeal No. AT006000000010821, involves a dispute between Mr. Manoj Gagvani, the applicant, and Sheth Infraworld Pvt. Ltd. & Ors., the non-applicant parties. With the recent stay granted by the High Court, the implementation and execution of the Tribunal's order have been put on hold. This article delves into the details surrounding this legal battle, shedding light on the implications and potential outcomes of the case.

Case Background

The Maharashtra Real Estate Appellate Tribunal, Mumbai, had previously issued an order in the second appeal of the ongoing case. However, the Hon'ble High Court has now intervened, staying the execution and implementation of the Tribunal's ruling. This development has injected a new dynamic into the legal proceedings and necessitates a reevaluation of the case's trajectory.

The Parties Involved and Advocates Representing the Parties

1. Adv. Mr. Satish Dedhia: Represents the applicant, Mr. Manoj Gagvani.
2. Adv. Mr. Yunus Vakharia: Represents the non-applicant parties, Sheth Infraworld Pvt. Ltd. & Ors.

Deposit of Funds

As a part of the ongoing legal process, the non-applicant parties have deposited a sum of Rs. 10,00,000/- (Indian Rupees) with the Maharashtra Real Estate Appellate Tribunal. This deposit serves as a financial assurance while the case is being reviewed and allows for potential restitution if the outcome favors the applicant.

High Court Stay and Compliance Report

Adv. Mr. Yunus Vakharia, representing the non-applicants, informed the Tribunal about the stay granted by the Hon'ble High Court. The stay order halts the execution and implementation of the Tribunal's order until further notice. Furthermore, Adv. Mr. Vakharia requested additional time to file a compliance report, indicating that the non-applicants are actively engaged in fulfilling their obligations within the legal framework.

Adjournment and Future Consideration

In light of these developments, the Tribunal has decided to adjourn the case to the 5th of July 2023. This adjournment allows sufficient time for the filing of the compliance report and further deliberation on the matter. The Tribunal will subsequently review the compliance report and take it into account during the subsequent stages of the legal process.

Conclusion

The temporary stay granted by the Hon'ble High Court in the real estate appellate case, Appeal No. AT006000000010821, has effectively put the implementation and execution of the Maharashtra Real Estate Appellate Tribunal's order on hold. With the non-applicants' compliance deposit and the pending filing of the compliance report, the case remains in a state of legal limbo. The adjournment until July 5th, 2023, marks a crucial juncture in the legal proceedings, offering an opportunity for both parties to present their respective positions in compliance with the court's directives. As the case progresses, it will be imperative to closely monitor further developments, ensuring the protection of legal rights and the fair resolution of the dispute.

Note: The information provided in this article about Maharashtra Real Estate Regulatory Authority (MahaRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the case number AT006000000010821 before the Maharashtra Real Estate Regulatory Authority

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