Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Gauri Godse
Seema Sureshchandra Mehata – Appellant
Versus
Marvel Realtors & Developers Limited – Respondent
| Table of Content |
|---|
| 1. an overview of the case initiation and relevant orders involving possession. (Para 1 , 2 , 8) |
| 2. arguments presented by the petitioners and responses from the developers. (Para 12 , 17 , 23) |
| 3. court's reasoning emphasizing justice over procedural formalities. (Para 26 , 28 , 29) |
| 4. conclusion regarding the writ petition and imposed costs. (Para 41 , 42) |
JUDGMENT:
GAURI GODSE, J.
Events during pendency of this petition:
1. This petition is filed by the original complainants, who are the purchasers of the subject units. They challenge the order passed by the civil court, dismissing their application for execution of the order passed by the Authority under the Real Estate (Regulation and Development) Act, 2016 (‘RERA Authority’), which directed respondent no. 1 (‘developer’) to hand over possession of the three units. By the impugned order, the execution application is dismissed as not maintainable.
2. The developer has filed Writ Petition No. 1794 of 2024 to challenge the recovery warrant issued by the RERA Authority. As per the roster, Writ Petition No. 1794 of 2024 pertains to the assignment of the coordinate bench.
3. On 16th June 2025, after hearing both sides, this pe
The procedure should facilitate justice, not obstruct it; substantial compliance with RERA requirements permits the execution of possession orders despite technical deficiencies.
Point of law: Section 40(1) has to be given interpretation by reading down the provision to make it purposeful and akin to the object of the Act of 2016. Section 40(2) is for any other direction eith....
Point of law: purpose and object of Section 40(1) is to allow recovery of the amount as arrears of land revenue so as to expeditiously give the relief to the consumer having suffered in the hands of ....
Point of law: purpose and object of Section 40(1) is to allow recovery of the amount as arrears of land revenue so as to expeditiously give the relief to the consumer having suffered in the hands of ....
Point of law: Act of 2016 has been enacted to save interest of consumers apart from others and thereby to regulate real estate in a proper manner. It is even to give speedy dispute redressal mechanis....
The main legal point established in the judgment is the interpretation of the provisions of the Act of 2016, particularly regarding the competence of the Authority to pass orders and the mechanism fo....
The court interpreted the provisions of the Act of 2016 to determine the competence of one member to pass the order and the mechanism for recovery of amounts as arrears of land revenue, aligning with....
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
