Maharashtra Tribunal Grants Conditional Approval for Delayed Real Estate Appeal

In a recent development in the real estate sector, the Maharashtra Real Estate Appellate Tribunal in Mumbai has granted conditional approval for a delayed appeal filed by Shreenath Enterprises, Kishansingh T. Rajput, Nareshkumar Sunderlal Iain, and Arun Pandey. The applicants sought condonation of a 27-day delay in filing the appeal against a non-applicant. The tribunal, while considering the application, deliberated on the contradictory arguments presented by both parties. After careful examination, the tribunal made a decision that carries significant implications for the case and highlights the importance of diligent pursuit of legal matters in the real estate domain.

Background

The applicants contended that they were not aware of the complaint proceedings nor the subsequent order until they were informed by the non-applicant. It was only after receiving this information that they promptly engaged the services of an advocate and filed the appeal, albeit with a delay. The applicants maintained that their lack of knowledge about the order justified the condonation of the delay. Conversely, the non-applicant disputed the applicants' claims, stating that they had previously shared details of the complaint with the applicants via email. The non-applicant further asserted that the impugned order had been shared through WhatsApp and email, raising doubts about the veracity of the applicants' contentions.

Contradictions and Ambiguities

Upon careful examination of the application and the response filed by the non-applicant, the tribunal noted several contradictions and ambiguities. The applicants' statements regarding their knowledge of the order were inconsistent. While they claimed to have become aware of the order from the non-applicant, they also stated that they discovered it themselves upon seeing it uploaded on the authority's website. This contradictory stance raised questions about the accuracy and reliability of their claims.

The Tribunal's Decision

The tribunal, while acknowledging the absence of intentional delay or malicious intent on the part of the applicants, found their overall approach to be casual, laidback, and nonchalant. They concluded that the applicants had not provided sufficient clarity on the date they became aware of the order, making it difficult to assess the legitimacy of their claim of a 27-day delay. The tribunal, however, decided to take a liberal approach to prevent denial of natural justice to the applicants.

Conditional Approval and Costs

The tribunal granted conditional approval for the delay in filing the appeal. As a condition precedent, the applicants were required to pay costs amounting to Rs. 20,000 to the non-applicant. Failure to meet this condition before the next scheduled hearing would result in the dismissal of the appeal without further consideration. The tribunal aimed to safeguard the interests of the non-applicant, holding the applicants accountable for their lackadaisical and negligent approach throughout the proceedings.

Conclusion

The decision of the Maharashtra Real Estate Appellate Tribunal to grant conditional approval for the delayed appeal filed by Shreenath Enterprises, Kishansingh T. Rajput, Nareshkumar Sunderlal Iain, and Arun Pandey carries important implications for the real estate sector. While the tribunal showed a willingness to consider the applicants' arguments, it also emphasized the significance of diligent pursuit of legal matters. This ruling serves as a reminder to all parties involved in real estate disputes to approach proceedings with the utmost care and dedication.

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 AT006000000134045 before the Maharashtra Real Estate Regulatory Authority

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