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2024 Supreme(Online)(Bom) 1821

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
M/S. PRAGATEJ BUILDERS AND DEVELOPERS PVT LTD – Appellant
Versus
1. MR. ABHISHEK ANUJ SHUKHADIA AND ANR – Respondent


Advocates:
Mr. K.K. Malpathak a/w Mr. Indravadan Buddhadev for Appellants in both Appeals. Mr. Farhan Khan a/w Mr. Rubin Vakil, Mr. Manish Doshi, Ms. Heena T. & Ms. Ankita i/b Vimadalal & Co. for Respondents in both Appeals and for Applicants in IA No.15263/2023.

JUDGMENT :

1. These two Appeals are filed by the Promoter challenging common Judgment and Order dated 7 February 2023 in Appeal No.AT0006000000053317 of 2021 filed by the Respondents/flat purchasers and in Appeal No.AT0006000000093905 of 2022 filed by the promoter. Both Appeals were filed by the Respondents / flat purchasers and the Appellant / promoter challenging the order dated 27 July 2021 passed by the Maharashtra Real Estate Regulation Authority, Mumbai (‘MahaRERA’). The Appellant / Promoter is aggrieved by the MahaRERA Tribunal’s decision in directing payment of interest to the Respondents from 1 July 2016 instead of 1 January 2020. The Appellant is also aggrieved by rejection of prayer for exclusion of COVID pandemic period from 25 March 2020 to 27 July 2021 and 27 July 2021 to 30 September 2021 for interest liability.

2. Briefly stated, facts of the case are that the Appellant / Promoter undertook construction of building by implementing Slum Rehabilitation Scheme on Plot No.21/5, 21/6 (pt), South Estate Scheme No.57, Rafi Ahmed Kidwai Marg, Wadala (West), Mumbai, under which it is expected to accommodate 182 eligible slum dwellers. It is Appellant’s case that it has constru

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