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2021 Supreme(Bom) 1276

M.S.KARNIK
Hagwood Commercial Developers Pvt. Ltd – Appellant
Versus
Rahul Madhukar Deshmukh – Respondent


Advocates appeared:
Shyam Devani, Advocate, Hetal Thakore, Advocate, Nazirali Rizvi, Advocate, Heena Kapoor, Advocate, Devendra Chauhan, Advocate, Filji Frederick, Advocate, Chaintanya Barve, Advocate, Vinay Kumar, Advocate, Ali Kazmi, Advocate, Pranjal Murti, Advocate, Aditya Chaudhari, Advocate, Paridhi Sachdeva, Advocate, Nidhi Chauhan, Advocate, Shamrao B. Gore, Advocate

JUDGMENT

MAKARAND SUBHASH KARNIK, J. - Invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner challenged the legality and propriety of the impugned order dated 7/4/2021 passed by the Maharashtra Real Estate Appellate Tribunal ( 'the Tribunal ' for short) in Miscellaneous Application No. 193 of 2021 for waiver of pre deposit of the amount in the appeal fled against the order dated 16/10/2019 passed by the Maharashtra Real Estate Regulatory Authority ( 'the Authority ' for short).

2. The petitioner M/s. Hagwood Commercial Developers Pvt. Ltd. (hereinafter referred to as 'developer ' for short), proposed to develop a registered project in the name and style of 'Prozone Palms ' at Nagpur. The developer owns around 42 acres of land at Nagpur. The developer proposed to develop approximately 400 residential apartments in fve towers on 3.5 acres portion of the said land. After obtaining all relevant permissions, the construction of the residential project started. The respondent No.1 (hereinafter referred to as 'fat purchaser ' for short) approached the developer in and around May, 2015 and booked fat No. 1202 admeasuring 140..9 s.ft.

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