Muktistars Realtors Files Application for Restoration of Dismissed Appeal

In a recent development, Muktistars Realtors has filed an application for the restoration of a dismissed appeal before the Maharashtra Real Estate Appellate Tribunal. The case, which involves M/s. Muktistars Realtors as the applicant and Priya Amol Chorge as the non-applicant, highlights the ongoing legal battle in the real estate sector. This article aims to provide a detailed analysis of the case, the reasons behind the dismissal, the application for restoration, and the potential implications for the parties involved.

Background

The case involves M/s. Muktistars Realtors as the applicant and Priya Amol Chorge as the non-applicant. It was brought before the Maharashtra Real Estate Appellate Tribunal. The dispute revolves around a real estate matter, and an appeal was filed by Muktistars Realtors.

However, on September 3, 2021, the appeal was dismissed, which posed significant challenges for Muktistars Realtors. Prior to the dismissal, attempts were made to reach a settlement, but they proved unsuccessful. As a result, Muktistars Realtors filed an application for the restoration of the dismissed appeal on December 21, 2027. This application seeks to revive the case and have it reexamined on its merits.

The case has seen legal proceedings, including a scheduled video conference hearing on April 13, 2023. During the hearing, the applicant's representative did not appear, while the non-applicant's counsel, Mr. Abhishek Walwaikar, expressed that the settlement had not worked out and requested the tribunal to proceed with the appeal on its merits. The tribunal granted Muktistars Realtors a final chance to appear on May 2, 2023, failing which the application may be dismissed without further reference.

Dismissal of the Appeal:

On September 3, 2021, the appeal was dismissed, leaving Muktistars Realtors in a challenging position. The dismissal had a significant impact on the outcome of the case, prompting the applicant to explore legal avenues for the restoration of their appeal.

The Application for Restoration:

Filing the Application:

On December 21, 2027, Muktistars Realtors filed an application for the restoration of the dismissed appeal. The applicant sought to revive the case and have it reexamined on its merits.

Failure of Settlement:

It is worth noting that prior to the dismissal of the appeal, the parties attempted to reach a settlement. However, the settlement negotiations proved unsuccessful, leading Muktistars Realtors to pursue the restoration of the appeal instead.

Legal Proceedings:

Video Conference Hearing:

On April 13, 2023, the case was scheduled for a video conference hearing before the Maharashtra Real Estate Appellate Tribunal. However, the applicant's representative failed to appear during both the morning and afternoon sessions.

Non-Applicant's Counsel's Request:

During the hearing, Mr. Abhishek Walwaikar, the learned counsel for the non-applicant, expressed the view that the settlement had not worked out and urged the tribunal to proceed with the appeal on its merits.

Final Chance for Appearance:

The tribunal granted Muktistars Realtors one last opportunity to appear on May 2, 2023. Failure to appear would result in the dismissal of the application without further reference.

Conclusion:

The application for the restoration of the dismissed appeal by Muktistars Realtors represents a crucial turning point in their legal battle against Priya Amol Chorge. The case, with its unique circumstances and legal intricacies, highlights the complexity of real estate disputes and the efforts made by parties to pursue their interests within the legal framework. As the proceedings unfold, it remains to be seen whether the restoration application will be successful and what implications it may have for the future of the case.

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 AT006000000021456 before the Maharashtra Real Estate Regulatory Authority

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