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2025 Supreme(Mad) 4958

IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.Nisha Banu, R.Sakthivel
P. Anandasundaresan – Appellant
Versus
Akshaya Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr.C.K.Chandrasekar, For Mrs.W.R.Subhashini
For the Respondent: Mr. Mani Sundaragopal

JUDGMENT :

J.Nisha Banu, J.

The appellant has approached this Court under Section 58 of the Real Estate (Regulation and Development) Act, read with Section 100 of the Civil Procedure Code against the order of the Tamil Nadu Real Estate Appellate Tribunal, Chennai dated 07.03.2022 passed in Appeal No.103 of 2021 on the file of TNREAT, which reversed the order dated 30.03.2020 passed in CCP No.30 of 2020 on the file of Tamil Nadu Real Estate Regulatory Authority (TN RERA), Chennai filed by the appellant herein.

2. The essential facts of the case would run thus:-

2.1. The appellant herein is a retired General Manager of Bharath Petroleum Corporation Limited, a Public Sector Undertaking. The respondent /Promoter has advertised for constructing a residential apartment complex at Thaiyur Village, Chengalpet Taluk in Thiruporur bearing the project name “January”. The said project comprised of construction of residential flats measuring 1396 sq.ft. in an undivided share of land, in a total land measuring about 5 Acres and 23.79 cents. The appellant being interested in the same, approached the respondent/ Promoter and on 30.07.2011, the appellant entered into a Memorandum of Agreement with the

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