Back
MADHAV J. JAMDAR
Adam A. Jumma – Appellant
Versus
Guddu S. Malha – Respondent
JUDGMENT/ORDER
1. Heard Mr. Nikhil Wadikar, learned counsel appearing for the Appellant and Mr. Preetam Talaulikar, learned counsel appearing for the Respondent.
2. In Second Appeal No.726 of 2022 which has been filed under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as "the RERA Act" for short), the challenge is to the legality and validity of the judgment and order dtd. 28/4/2022 passed by the learned Adjudicating Officer, Goa RERA in Case No.4/RERA/Adj. Matters(11)/2021/356 as well as to the order dtd. 8/9/2022 passed by the learned Maharashtra Real Estate Appellate Tribunal, Mumbai (hereinafter referred to as "Maharashtra Appellate Tribunal" for short) in M.A. No.671/2022 in M.A. No.672/2022 in Appeal G-04/2022. It is significant to note that although the said order has been passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai however, the same has been passed by the Maharashtra Appellate Tribunal acting as Real Estate Appellate Tribunal for Goa i.e. Goa Real Estate Appellate Tribunal, Mumbai (hereinafter referred to as "Goa Appellate Tribunal").
3. In Second Appeal No.727 of 2022 challenge is to the order dtd. 29/10/2021
The jurisdiction for appeals under the RERA Act is determined by the location of the real estate project, necessitating that such appeals be filed in the High Court of the State where the project is ....
The jurisdiction of a High Court under Article 227 pertains only to the Debts Recovery Tribunal located within its territorial limits, not an appellate tribunal for matters originating outside its ju....
The doctrine of forum conveniens applies in determining the appropriate forum for hearing a dispute, considering the convenience and hardship faced by the parties involved.
Article 226 of the Constitution of India was amended by the Constitution (15th Amendment) Act, 1963 whereby Clause (1A) was inserted in Article 226 thereby introducing the concept of cause of action,....
The court established that the location of the Revisionary Authority and the doctrine of merger allow petitioners to file writs in the court where the authority is situated, affirming their right to ....
The jurisdiction for challenging appellate tribunal orders lies in the High Court corresponding to the original tribunal's location, affirming the principle that appellate orders merge with original ....
The territorial jurisdiction for hearing writ petitions under Article 227 is determined by the location of the original authority, not the appellate authority, as mandated by administrative rules.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
