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2023 Supreme(Bom) 1300

JITENDRA JAIN
Kailash Patil – Appellant
Versus
Vasant S. Jadhav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dilip Satle, a/w. Ms. Nikita Mandoniyan, i/b. Mr. Anwar Landge
For the Respondent: Mr. Tejas Deshmukh, a/w. Mr. Anshuman Deshmukh and Mrs. K.
Mahuli, Mr. Aditya R. Deolekar, i/b. Trsna Legal

JUDGMENT :

These three appeals are filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) challenging the order of the Maharashtra Real Estate Appellate Tribunal, Mumbai (“Appellate Tribunal”) in M.A. No.698 of 2022 with M.A. No.657 of 2022 in Appeal No. AT00600000010806 (Second Appeal No.301 of 2023), M.A. No.699 of 2022 with M.A. No.658 of 2022 in Appeal No. AT00600000010807 (Second Appeal No.303 of 2023) and M.A. No.700 of 2022 with M.A. No.659 of 2022 in Appeal No. AT00600000010808 (Second Appeal No.301 of 2023). All the three appeals raises common issue and, therefore, is disposed of by common order.

2. The appeals are admitted on following reframed question of law:

    “Whether the Appellate Tribunal was justified in rejecting the appeal on the ground that the Appellant has failed to file the hard copies of the appeal memos and further the Appellate Tribunal was justified in dismissing the restoration application filed by the Appellant for seeking permission to file the hard copies and restore the appeals ?”

3. Brief facts are as under:

(i) The Appellant is a developer/promoter and Respondents are allottees of a residential project. The Responde

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