The Maharashtra Real Estate Appellate Tribunal recently handed down a decision in an appeal filed by Vikram Kapoor against M/s Man Realty Ltd. and another party. The hearing, which was conducted via video conferencing on April 20, 2023, centered on an application for amendment and a temporary injunction related to a tripartite agreement that had been executed between the parties.
The tripartite agreement established a joint and several liability for the payment of equated monthly installments (EMI) to respondent no. 2. The appellant's counsel argued that respondent no. 1 was responsible for paying the EMI before the possession of the subject flat was handed over to the allottee.
During the hearing, the tribunal heard arguments from both parties and considered the circumstances of the case. Ultimately, the tribunal ruled in favor of the respondent and granted their request for the recovery of further EMI payments from respondent no. 1 until the pleadings for the temporary injunction application were completed.
The ruling has significant implications for the parties involved and highlights the importance of careful consideration when entering into agreements involving joint and several liability.
The Tripartite Agreement
At the center of the appeal is a tripartite agreement executed between the parties. A tripartite agreement is a legal document that outlines the terms and conditions of a transaction between three parties. In this case, the agreement established a joint and several liability for the payment of EMI to respondent no. 2.
Under the terms of the agreement, respondent no. 1 was responsible for making the EMI payments before the possession of the subject flat was handed over to the allottee. The appellant's counsel argued that this provision should be strictly enforced, and that respondent no. 1 should be held solely responsible for the EMI payments until the possession was handed over.
However, the tribunal noted that the pleadings for the temporary injunction application were not yet complete and that further payments were necessary until the case was fully resolved. The ruling highlights the importance of careful consideration when entering into agreements involving joint and several liability, as parties may be held responsible for the actions of others.
The Importance of Joint and Several Liability
Joint and several liability is a legal concept that is often used in contracts and agreements. Under joint and several liability, each party to the agreement is individually responsible for the entire obligation. This means that if one party fails to meet their obligation, the other party may be held responsible for the entire amount.
While joint and several liability can be a useful tool for allocating risk and responsibility, it is important to carefully consider the implications of such an agreement. In this case, the tribunal found that the parties were jointly and severally liable for the payment of EMI, highlighting the potential risks associated with such an arrangement.
The recent ruling by the Maharashtra Real Estate Appellate Tribunal in the appeal filed by Vikram Kapoor against M/s Man Realty Ltd. and another party has significant implications for parties involved in joint and several liability agreements. The tribunal's decision to grant the respondent's request for the recovery of further EMI payments until the pleadings for the temporary injunction application are completed highlights the importance of careful consideration when entering into such agreements.
As joint and several liability agreements become more common in the real estate industry, it is important for parties to fully understand the implications of such agreements and to seek legal counsel when necessary. By doing so, parties can avoid potentially costly legal disputes and ensure that their interests are fully protected.
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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