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2021 Supreme(Bom) 29

S.J.KATHAWALLA, VINAY JOSHI
Marvel Sigma Homes Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. Sharan Jagtiani, Senior Advocate with Ms. Shradha Achalia, Ms. Vinsha Acharya, Mr. Ranjit Agashe i/by Ms. Namrata Agashe, Mr. P.P.Kakade, Govt. Pleader with Ms. K.N.Solunke, AGP, Mr. Amit Gharte

JUDGMENT :

S.J.KATHAWALLA, J.

1. By this order, we will be disposing of Interim Application No.2044 of 2021 (“the Interim Application”) filed in Writ Petition (L) No.3221 of 2020 and Writ Petition No.2657 of 2020. The Interim Application has been filed by Respondent No.4 to Writ Petition (L) No.3221 of 2020 i.e. Marvel Sigma Homes Pvt. Ltd., the (Corrected/modified Judgment as per Speaking to the Minutes order dt. 12/03/2021) developer. It raises objections to the maintainability of Writ Petition (L) No.3221 of 2020. We have also passed various orders of disclosure in the first Writ Petition (L) No.3221 of 2020. However, before proceeding any further in that Writ Petition, it would be necessary to consider the objections raised as to its maintainability. The connected Writ Petition No.2657 of 2020 has been filed by Marvel Sigma Homes Pvt. Ltd. It challenges the Recovery Certificate issued by the Authority under Maharashtra Real Estate Regulatory Authority Act. The main ground of challenge in this Writ Petition, as elaborated below, does substantially overlap with one of the main objections raised in the Interim Application. Hence, it is desirable to deal with the Interim Application

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