Maharashtra Real Estate Appellate Tribunal Dismisses Space Square Construction Appeals

The Maharashtra Real Estate Appellate Tribunal in Mumbai has dismissed two appeals filed by Space Square Construction against non-applicants Rakesh Singh and Virendra Prajapati. The appeals were filed in relation to a construction dispute, and the appellant was represented by an advocate at one hearing who sought time to file a service affidavit.

The hearing took place via video conference on April 26th, 2023, and the tribunal was presided over by the chairperson, Shri S. S. Shinde, and Dr. K. Shrivaji, member (A). The tribunal perused the records and found that the appellant was not present at the hearing and had only been represented once.

As a result, the miscellaneous applications for delay condonation were dismissed, and both appeals were dismissed and disposed of for want of prosecution. The other pending miscellaneous applications were also disposed of, and no costs were awarded.

Case Numbers: AT006000000053212 and AT006000000053213

Background of the case

In 2022, Space Square Construction filed two appeals, with case numbers AT006000000053212 and AT006000000053213, with the Maharashtra Real Estate Appellate Tribunal. The appeals were against non-applicants Rakesh Singh and Virendra Prajapati, respectively. Space Square Construction was the applicant in both cases.

The appeals were related to a real estate dispute. Space Square Construction alleged that the non-applicants had breached their agreement related to a real estate project. The company sought legal action against the non-applicants, which led to the appeals filed in 2022.

However, Space Square Construction failed to appear during the proceedings on multiple occasions. The company was represented only once, on 7th February 2023, by an advocate who sought time to file a service affidavit. As the appellant did not appear in the subsequent hearings, the Maharashtra Real Estate Appellate Tribunal dismissed the appeals and the pending miscellaneous applications on 26th April 2023.

Facts of the Case

Space Square Construction filed two appeals against non-applicants Rakesh Singh and Virendra Prajapati in relation to a construction dispute. The appeals were filed with the Maharashtra Real Estate Appellate Tribunal in Mumbai.

The first hearing was scheduled for January 10th, 2023, but the appellant was not present. Another hearing was scheduled for March 20th, 2023, but again, the appellant was not present.

On February 7th, 2023, the appellant was represented by an advocate named Mr. D. A. Pisolkar, who sought time to file a service affidavit.

The tribunal perused the records and found that the appellant had not been present at either of the scheduled hearings, except for the hearing on February 7th, 2023, where they were represented by an advocate. As a result, the miscellaneous applications for delay condonation were dismissed.

Tribunal's Decision

The tribunal dismissed both appeals for want of prosecution, as the appellant had not been present at either of the scheduled hearings, except for the hearing on February 7th, 2023, where they were represented by an advocate.

The miscellaneous applications for delay condonation were also dismissed as a result. The other pending miscellaneous applications were also disposed of, and no costs were awarded.

Conclusion

The decision by the Maharashtra Real Estate Appellate Tribunal to dismiss both appeals filed by Space Square Construction against non-applicants Rakesh Singh and Virendra Prajapati highlights the importance of being present and actively participating in legal proceedings. Failure to do so can result in the dismissal of the case.

The decision also emphasizes the need for timely and accurate legal representation, as the appellant was represented by an advocate only once during the proceedings, and the delay condonation applications were ultimately dismissed.

Overall, the ruling serves as a reminder to all parties involved in legal proceedings to take their responsibilities seriously and to participate fully in the process.

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.

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