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PRASHANT RAMA SURARNA AND ORS – Appellant
Versus
MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI AND ORS – Respondent
WP 2029/2021
8.2029.21-WP.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 2029/2021
Prashant Rama Suvarna & Ors.
….. Petitioners
Vs.
Maha RERA & Ors.
….. Respondents
Mr. Amrut Joshi I/b. Nilam Shinde for the Petitioners
Mr.Ashutosh M. Kulkarni a/w. Mr. Akshay A. Kulkarni for
the Respondent No.1.
Ms. Ritika Agarwal a/w. Rajshree Mukherjee I/b. Acelegal
for Respondent No.2.
CORAM:
K.K.TATED &
RIYAZ I. CHAGLA, JJ.
DATED :
JULY 1, 2021
(VIDEO CONFERENCING)
P.C.
1
Heard. By this petition under Article 226 of the
Constitution of India, the Petitioner is seeking direction
against Respondent No.1 Maha RERA to hear their
complaint along with Interim Application, as early as
possible.
2
The learned counsel for the Petitioner submits that
the Petitioner had filed in all 13 complaints which are as
under:
Basavraj G. Patil
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8.2029.21-WP.odt
Cause Title
Complaint No.
Complaint
filing date
Pramod Suvarna
CC006000000193465 14th July 2020
Chirag Thakur Mrs.
Yamini Ghirag Thakur
CC006000000193487 15th July 2020
Naveen Kayakkal
Mrs. Ramya Naveen
CC006000000193496 15th July 2020
Anurag Shanker
CC006000000193501 16th July 2020
Vishal Desale
Mrs. Madhumati Vishal
Desale
CC006000000193503 15th July 2020
Rahul Kanchan
CC006000000193507 16th July 2020
Praveen Karkera
Mrs. Saroja Praveen
Karkera
CC006000000193514 17th July 2020
Bharat Patil
Mrs. Kirti Bharat Patil
CC006000000193519 17th July 2020
Sachin Poojary
Mrs. Sujata S. Poojary
CC006000000193527 17th July 2020
Joseph Rockey
CC006000000193535 18th July 2020
Sanjay Kumar Bagel
Mrs. Manju Vishwa
Kumar Baghel
CC006000000193542
20th July
2020
Aaradhy Chaudhary
Mrs. Rekha Singh
CC006000000193674
6th August
2020
Sandeep Tramak Aher
CC00600000019370
6th August
2020
3
The learned counsel for the Petitioner submits that
the Petitioner, time and again, made an Application for early
hearing by their Applications dated 27.08.2020,
02.09.2020, 07.09.2020 and 19.10.2020. He submits that in
spite of several Applications for early hearing the
Respondent No.1 has not granted any circulation. Hence,
the Writ Petition.
Basavraj G. Patil
2/4
8.2029.21-WP.odt
4
The learned counsel for the Petitioners further made a
statement before this court that the Respondent has
granted circulation of a matter which was filed subsequent
to the Petitioner’s complaint. In support of this contention,
he relies on Email dated 02.03.2021, Exhibit-F, page 170 to
the petition.
5
The learned counsel for the Petitioners submits that in
the interest of justice, this Hon’ble Court be pleased to
direct Respondent No.1 to hear the Petitioners’ Application
for interim relief as early as possible, as they are suffering
because of the negligence on the part of the
Builder/Developer.
6
We heard both sides at length. It is to be noted that, in
the present proceedings, the Petitioners filed their
complaint in the month of July 2020. Considering the
present COVID-19 situation and as Respondent No.1 is
functioning through video conference, we do not find any
reason to entertain such type of petition to direct
Respondent No.1 to decide the application made by the
Petitioner, immediately, but in any case, considering the
urgency in the matter, we permit the Advocate for the
Petitioner to make an appropriate Application before
Respondent No.1 explaining their urgency and if such
Application is made, Respondent No.1 to consider the same
on its own merits.
8
In view of the above mentioned discussion, the
following order is passed:
Basavraj G. Patil
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8.2029.21-WP.odt
a.
The Writ Petition stands rejected with liberty as
stated hereinabove.
b.
No order as to costs.
(RIYAZ I. CHAGLA, J.)
(K.K.TATED, J.)
Basavraj G. Patil
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