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SIDDHARTHA ROY CHOWDHURY
Joydeep Roy – Appellant
Versus
Srijan Residency LLP – Respondent
JUDGMENT :
Siddhartha Roy Chowdhury, J.
1. This application under Article 227 of the Constitution of India impeaches the Order No. 1 passed in Miscellaneous Appeal No. 272 of 2023 passed by Ld. District Judge 24 Parganas, Alipore. By the Order impugned Ld. District Judge was pleased to reject the prayer for ad interim injunction made by the petitioners.
2. For the sake of convenience, the parties to this proceeding would be referred to as they have been arrayed in the suit.
3. Briefly stated the plaintiff No. 1 an Advocate by profession and plaintiff No. 2, and Assistant Professor of a College decided to purchase a flat to be constructed by the defendants and after having a detailed discussion with the defendant No. 2 the plaintiffs expressed their desire to purchase the residential unit and the defendants agree to sell the same on 14th of February, 2023.The plaintiffs visited office of the defendants at Bata Nagar and having seen model flat, the plaintiffs decided the purchase a flat measuring about 1307 sqft. at Tower/ Block 14, Flat No. 13 D, 13th Floor of The Royal Ganges Project at premises No. C-4-173/ New Ganga Bandh Road, 24 Parganas (South), at the rate of Rs. 4200/- sqft.
4. T
A civil court is barred from entertaining suits related to matters under the jurisdiction of real estate regulatory authorities as per Section 79 of the RERA Act, ensuring adherence to statutory disp....
The suit was dismissed as civil courts lack jurisdiction per Section 79 of the RERA Act, confirming that mere submission and payment for booking do not equate to a binding contract in the absence of ....
Mere submission of booking form coupled with payment of booking amount does not constitute an agreement per se.
The RERA Act excludes Civil Court jurisdiction for disputes covered under its provisions, rendering any injunction by the Civil Court a nullity.
Grant of injunction – Wherever proceedings are under CPC and forum is Civil Court, availability of a remedy under CPC, will deter High Court from exercising its Power of Superintendence.
The existence of an alternate statutory remedy under the RERA Act limits the High Court's jurisdiction to entertain writ petitions, directing parties to the Appellate Tribunal for resolution of dispu....
Home buyers can maintain a suit for injunction against developers for non-structural grievances despite potential jurisdictional claims under real estate regulations.
The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
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