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SIDDHARTHA ROY CHOWDHURY
Joydeep Roy – Appellant
Versus
Srijan Residency Llp – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. plaintiffs' arguments against defendants' actions (Para 9) |
| 3. arguments relating to unlawful terms and contract enforcement (Para 10 , 11 , 12 , 13 , 14) |
| 4. legal framework under rera affecting jurisdiction (Para 15 , 20) |
| 5. court's analysis on jurisdiction and contract validity (Para 16 , 17 , 18 , 19) |
| 6. final ruling and implications for further action (Para 21 , 22 , 23) |
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 ex
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 ....
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....
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.
Civil suits for permanent injunction are maintainable despite statutory bars under RERA, emphasizing the difference between statutory powers and common law remedies.
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....
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.
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 upheld that jurisdiction for RERA to adjudicate complaints exists even if the promoter lacks registration, emphasizing the rights of aggrieved parties under the Act.
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