Stay Granted: Nitin Shah's Appeal Against Sea Princess Realty Gets Temporary Reprieve

In a recent case before the Maharashtra Real Estate Appellate Tribunal, multiple parties filed miscellaneous applications seeking a stay on the execution and implementation of a common judgment and order issued on June 8, 2023. The applications were filed against M/s. Sea Princess Realty, a real estate promoter. This article provides an in-depth analysis of the case, outlining the parties involved, the arguments presented, and the tribunal's decision.

Case Details: Case Numbers:

• Miscellaneous Applications: 353, 354, 355, and 360 of 2023
• Appeal Number: AT006000000000159
• Review Application Number: 401LG

Parties Involved:

Applicant 1: Mr. Manoj Votavat Non-applicant: M/s. Sea Princess Realty

Applicant 2: Nitin Shah Non-applicant: M/s. Sea Princess Realty

Applicant 3: Bhupendra Ramji Vira Non-applicant: M/s. Sea Princess Realty

Applicant 4: Sheela Ramji Vira Non-applicant: M/s. Sea Princess Realty

Legal Representatives:

Advocate for Applicants: Mr. Pankaj Pandey

Advocate for Non-applicant: Mr. Nilesh Gala

Tribunal Members:

• SHRIRAM R. JAGTAP, MEMBER (J)
• S. S. SANDHU, MEMBER (A)

Summary of the Case:

The applicants sought a stay on the execution and implementation of a common judgment and order issued by the Maharashtra Real Estate Appellate Tribunal on June 8, 2023. The judgment directed the allottees to deposit amounts they had previously withdrawn. Dissatisfied with this decision, the applicants planned to file appeals under Section 58 of the Real Estate Regulatory Authority (RERA) against M/s. Sea Princess Realty.

The applicants argued that if the stay was not granted, they would suffer financial losses. However, they assured the tribunal that if they failed to obtain a stay from the High Court in their proposed appeals, they would promptly deposit the ordered amounts.

On the other hand, M/s. Sea Princess Realty opposed the applications, claiming that the applicants filed them with ulterior motives to evade depositing the withdrawn amounts. They argued that the scope for granting a stay was limited and should only be done under specific conditions.

Tribunal's Decision:

After hearing arguments from both parties, the tribunal considered the circumstances and the applicants' undertaking to deposit the amounts if the stay was not granted. Taking these factors into account, the tribunal decided to grant a stay on the execution, operation, and implementation of the judgment and order for a period of one month, allowing the applicants time to file their appeals.

Conclusion:

The Maharashtra Real Estate Appellate Tribunal, in a case involving multiple parties and M/s. Sea Princess Realty, granted a stay on the execution and implementation of a common judgment and order issued on June 8, 2023. The applicants sought the stay to file appeals against the real estate promoter. The tribunal considered the applicants' undertaking to deposit the amounts if the stay was not granted and decided to provide them with a one-month window to file their appeals. This decision aims to ensure fairness and justice while maintaining the integrity of the real estate regulatory 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. The information provided in this article is based on the case number 353, 354, 355, and 360 of 2023 before the Maharashtra Real Estate Regulatory Authority

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