In a recent legal development, Savla Builders LLP has filed a Miscellaneous Application before the Maharashtra Real Estate Appellate Tribunal, seeking condonation of a significant delay in filing their real estate appeal. The case, with the reference number AT0060000000113940, has generated considerable attention due to the implications it holds for the parties involved and the wider real estate sector. This article will delve into the details of the case, the arguments put forth by both sides, and the potential ramifications of the tribunal's decision.
Savla Builders LLP, the applicant in this case, has brought forward an appeal against Mr. Pramod P Shinde, the non-applicant. The dispute revolves around an impugned order dated 18th December 2019, issued by the Learned Authority. However, Savla Builders claims that they never received the order until 4th July 2022 when they received a notice from the Tehsildar regarding an execution order. It was on the same day that Savla Builders downloaded a copy of the impugned order from the RERA website.
Delay Condonation Request:
In the Miscellaneous Application filed by Savla Builders, they seek condonation of the 953-day delay in filing the appeal. The crux of their argument rests on the fact that the impugned order was received late and that it was an ex-parte order. Their contention is that the date of receipt should be considered as 4th July 2022, the day they obtained the order from the RERA website. They assert that, based on this timeline, there is no delay in filing the appeal.
Mr. Varun Nathani, the advocate representing Savla Builders, argues that the delay was caused by the non-receipt of the impugned order. Conversely, Mr. Makarand Raut, the advocate representing Mr. Pramod P Shinde, vehemently opposes the Miscellaneous Application for delay condonation. He asserts that Savla Builders were made aware of the complaint proceedings as they were informed about the complaint on 8th March 2019.
The tribunal, comprising of Shri S. S. Shinde and Dr. K. Shivaji, examined the impugned order and other relevant records in the case. They found that the impugned order dated 18th December 2019 was indeed an ex-parte order. Additionally, considering the delay in receiving the order by Savla Builders and their subsequent filing of the appeal on 12th July 2022, the tribunal concluded that there was no delay in the filing.
Decision and Implications:
Based on their analysis, the tribunal allowed the Miscellaneous Application filed by Savla Builders, thereby condoning the delay. This decision paves the way for the appeal to proceed. The case will be of significant importance not only for the parties involved but also for the wider real estate industry in Maharashtra. It highlights the challenges faced by developers and the potential impact of delays in receiving crucial documents.
The Maharashtra Real Estate Appellate Tribunal's decision to condone the delay in Savla Builders LLP's real estate appeal marks a pivotal moment in the ongoing dispute between the builder and Mr. Pramod P Shinde. The tribunal's analysis of the ex-parte order and the circumstances surrounding its delayed receipt played a critical role in their decision. Moving forward, the resolution of this case will have implications for both the parties involved and the broader real estate sector in Maharashtra.
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 APPLTCATTON NO. 7s312022 before the Maharashtra Real Estate Regulatory Authority
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