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2024 Supreme(Bom) 289

SANDEEP V. MARNE
Balaji Construction Company – Appellant
Versus
Anjusha Ajit Kadam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Gauraj Shah a/w Mr. Keyur Adhvaryu i/b Mr. Yatin R. Shah
For the Respondent: Mr. Harshad Bhadbhade a/w Ms. Arya Sapre, Mr. Mutahhar Khan a/w Ms. Nehaa Shah i/b Mr. Dhiren H. Shah

JUDGMENT :

1. These Second Appeals filed by the Appellant challenge common Order dated 27 October 2023 passed by Maharashtra Real Estate Appellate Tribunal (Appellate Tribunal) directing Appellant to pre-deposit the specified amounts towards compliance with proviso to Section 43 (5) of Real Estate (Regulation and Development) Act, 2016 (RERA).

2. Briefly stated, facts of the case are that Appellant is a promoter who is developing a project named ‘Gajanan Plaza’. Respondents are the allotees of various flats, with whom the promoter has executed Agreements for Sale agreeing to deliver possession of respective flats on various agreed dates. Respondents approached Maharashtra Real Estate Regulatory Authority (MahaRERA) by filing their respective complaints against Appellant seeking possession of their respective flats along with interest for delayed delivery of possession. MahaRERA proceeded to allow the complaints filed by Respondents by Order dated 31 October 2022 and set aside the termination letters issued by Appellants terminating the allotment letter/agreements with a further direction for execution of supplementary agreements in accordance with terms and conditions of the MOU exec

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