Tribunal Grants Respondents' Request to Set Aside Ex-Parte Order in Vrindavan City Project Appeal

The Maharashtra Real Estate Appellate Tribunal has recently granted the request of the respondents to set aside the ex-parte order in the Vrindavan City Project Appeal. The decision was made in Misc. Application No. 204/2023, filed by the respondents seeking to set aside the ex-parte order dated 06/05/2022 passed against them.

The appeal was filed by Mr. Manoj Namdev Shende against Vrindavan City Project and two others. Mr. Ujwal J. Deshpande appeared for the appellant, while Mr. Vivek Bhardwai represented the respondents. The hearing took place on 26th April 2023 through video conference, in the presence of learned counsel for both parties.

Background of the Case

The Vrindavan City Project was initiated by the developers in Maharashtra. However, Mr. Manoj Namdev Shende, who had purchased a property in the project, filed a complaint against the developers before the Maharashtra Real Estate Regulatory Authority (MahaRERA). The complaint alleged that the developers had not provided the necessary amenities and facilities as promised and had also violated the terms of the agreement.

The MahaRERA had passed an order in favor of Mr. Shende on 06/05/2022. However, the respondents, who were the developers in the case, were not present during the hearing. Subsequently, an ex-parte order was passed against them.

The developers, therefore, filed a Misc. Application No. 204/2023 seeking to set aside the ex-parte order. The respondents contended that they had not received the video conferencing link for the hearing, which prevented them from appearing. The learned counsel for the appellant, however, objected to the application, stating that certain costs must be imposed if the application was allowed.

The Tribunal's Decision

After hearing both parties, the Tribunal allowed the Misc. Application No. 204/2023 filed by the respondents to set aside the ex-parte order. The Tribunal found that the respondents had not received the video conferencing link for the hearing, which was beyond their control. Therefore, the Tribunal decided that it was just and fair to set aside the ex-parte order against the respondents.

The Tribunal also noted that no costs were to be imposed on the respondents in view of the facts and circumstances of the case. The learned counsel for the appellant did not object to this decision. The appeal will now proceed with both parties filing their written submissions before the next hearing date, which is scheduled for 16th June 2023.

Analysis of the Decision

The decision of the Tribunal in the Vrindavan City Project Appeal is significant as it highlights the importance of due process in legal proceedings. The respondents, in this case, were able to successfully argue that they had not received the video conferencing link for the hearing, which prevented them from appearing. The Tribunal recognized that this was a valid reason for not attending the hearing and allowed the Misc. Application filed by the respondents to set aside the ex-parte order.

The decision also reinforces the principle of natural justice, which requires that all parties to a legal proceeding must be given a fair opportunity to be heard. The Tribunal recognized that it was unfair to pass an ex-parte order against the respondents when they had not been given the chance to present their case.

Conclusion

In conclusion, the recent decision by the Maharashtra Real Estate Appellate Tribunal to set aside the ex-parte order in the Vrindavan City Project appeal marks a significant development in the ongoing legal battle between the appellant and respondents. The decision highlights the importance of ensuring that all parties are given an opportunity to participate in legal proceedings and that due process is followed.

The Tribunal's decision to recall the ex-parte order demonstrates its commitment to ensuring fairness and equity in the legal process. It also serves as a reminder to legal practitioners and parties to a case that strict adherence to procedural rules is essential to securing a favorable outcome.

Moving forward, the parties to the Vrindavan City Project appeal will have an opportunity to present their written submissions before the next hearing on June 16, 2023. It remains to be seen how the case will ultimately be resolved, but the recent decision by the Tribunal to allow the respondents' request to set aside the ex-parte order is likely to have significant implications for the case.

Overall, the Vrindavan City Project appeal highlights the complex legal issues that can arise in the context of real estate disputes in India. As the real estate sector continues to grow and evolve, it is likely that we will see an increasing number of legal disputes in this area. In this context, the decision by the Maharashtra Real Estate Appellate Tribunal serves as an important precedent for ensuring that all parties to a legal dispute are given a fair hearing and that justice is ultimately served.

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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