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2023 Supreme(Bom) 1880

MADHAV J. JAMDAR
Adam A. Jumma – Appellant
Versus
Guddu S. Malha – Respondent


Advocates appeared:
Nikhil Wadikar, Advocate, Pradip Zende, Advocate, Faiza Shaikh, Advocate, Nandu Pawar, Advocate, Preetam Talaulikar, Advocate

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

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