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2024 Supreme(Online)(Bom) 467

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
MOHAMMED ZAIN KHAN – Appellant
Versus
EMNOY PROPERTIES INDIA A LIMITED LIABILITY PARTNERSHIP MUMBAI- 400052 and ORS. – Respondent


J U D G M E N T:

1. By this Appeal, Appellant challenges judgment and order dated 9 October 2019 passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai (Appellate Tribunal) rejecting the Appeal to the extent of the project ‘Valvan Valley Project’ and granting liberty to the Appellant to take further appropriate steps in respect of ‘Lion’s Valley Project’. Appeal was preferred by Appellant before Appellate Authority challenging order dated 5 September 2018 passed by the Regulatory Authority dismissing his complaint filed seeking direction against Respondents for initiation of action for non- registration of both the projects.

2. Facts of the case are as follows. Respondent No.1-Emnoy Properties India, a Limited Liability Partnership, with Respondent Nos.2 and 3 as its partners, were implementing project for sale of various bungalow plots under name ‘Valvan Valley’ at village Nandgaon, Taluka Mawal, Tungarli, Lonavala. Appellant and his mother were desirous of purchasing a plot in Valvan Valley project and accordingly agreed to purchase Plot No.13-B (Part A) admeasuring 22,000 square feet for consideration of Rs. 55,00,000/-. They paid an amount of Rs.12,50,000/- towards part

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