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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Surendra G. Shankar – Appellant
Versus
Esque Finamark Pvt. Ltd. – Respondent
JUDGMENT
MANOJ MISRA, J.
1. Leave granted.
2. These two appeals assail a common judgment and order of the High Court of Judicature at Bombay [The High Court] dated 23.08.2023, inter alia, passed in Second Appeal Nos.475 and 188 of 2023. As these appeals assail a common order, they have been heard together and are being decided by a common order.
3. Special Leave Petition (Civil) No. 25540 of 2023 arises from Complaint No. CC006000000056663 whereas Special Leave Petition (Civil) No. 24959 of 2023 arises from Complaint No.006000000056656; both complaints were filed before the Maharastra Real Estate Regulatory Authority, Mumbai [RERA Mumbai] for possession of flat in a building complex known as “Lodha Venezia” & “Lodha Azzuro”. The appellants herein separately filed the aforesaid complaints claiming themselves to be allottees in a building project registered with RERA. The complainants, inter-alia, impleaded Esque Finmark Pvt. Ltd (Respondent No.1 herein) (for short R-1) and Macrotech Developers Ltd. (erstwhile “Lodha Developers Ltd.”) (Respondent no.2 herein) (for short R-2) as opposite parties to the complaint. During the course of the proceedings before RERA, Mumbai, on the objection r
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