2024:BHC-AS:50639 Dusane/Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.321 OF 2022 M/s. T. Bhimjyani Realty Pvt. Ltd. …Appellant (Through its CEO Mr. Anshul Bhimjyani)

Versus Mr. Vineet Sachdeva & Anr. …Respondents WITH INTERIM APPLICATION NO.2285 OF 2022 IN SECOND APPEAL NO.321 OF 2022 M/s. T. Bhimjyani Realty Pvt Ltd. …Applicant (Through its CEO Mr. Anshul Bhimjyani)

Versus Mr. Vineet Sachdeva & Anr. …Respondents WITH SECOND APPEAL (ST) NO.28624 OF 2022 M/s. T. Bhimjyani Realty Pvt. Ltd. …Appellant (Through its CEO Mr. Anshul Bhimjyani)

Versus Mr. Vineet Sachdeva & Anr. …Respondents WITH INTERIM APPLICATION NO.30286 OF 2022 IN SECOND APPEAL (ST) NO.28624 OF 2022 M/s. T. Bhimjyani Realty Pvt Ltd. …Applicant IN THE MATTER BETWEEN:

M/s. T. Bhimjyani Realty Pvt. Ltd. …Appellant (Through its CEO Mr. Anshul Bhimjyani)

Versus Mr. Vineet Sachdeva & Anr. …Respondents ______________________________________________________________

Mr. Harshad Bhadbhade a/w Padma Chinta, for the Appellant in both Second Appeals.

Mr. Kunal Mehta a/w Amita Chaware, for the Respondents in both Second Appeals.

Mr. Vishal Kanade, Amicus Curiae.

_______________________________________________________________

CORAM: MADHAV J. JAMDAR, J.

DATED: 25 OCTOBER 2024 JUDGMENT :

I. CHALLENGE IN THE SECOND APPEALS :

1.

Heard Mr. Harshad Bhadbhade, learned Counsel for the Appellants, Mr. Kunal Mehta, learned Counsel for the Respondents and Mr. Vishal Kanade, learned Counsel appointed as Amicus Curiae to assist the Court.

2.

In Second Appeal No.321 of 2022, challenge is to the legality and validity of the following Orders:-

(i) Judgment and Order dated 11^th September 2019 passed by the Chairperson, Maharashtra Real Estate Regulatory Authority, Mumbai (“Authority”) in Complaint No. CC006000000079091, by which the Appellant was directed to execute and register the agreement for sale as per the provisions of Section 13 of the Real Estate (Regulation and Development) Act, 2016 (“RERA”);

(ii) Judgment and Order dated 17^th February 2021 of the Maharashtra Real Estate Appellate Tribunal, Mumbai (“Appellate Tribunal”) passed in Appeal No. AT00600000079091, by which the said Appeal has been dismissed.

3.

In Second Appeal (St.) No.28624 of 2022, challenge is to the legality and validity of the following Orders:-

(i) Judgment and Order dated 6^th September 2021 passed by Authority in Complaint No. CC00600000096325, by which the Appellant was directed to comply with the directions issued by the Authority on 11^th September 2019, as confirmed by the Appellate Authority by Order dated 17^th February 2021.;

(ii) Judgment and Order dated 19^th September 2022 of the Appellate Tribunal passed in Appeal No. AT00600000079091, by which Order of the Authority is set aside and the Promoter i.e. the Appellant was directed to pay interest to the Respondents w.e.f. 1^st June, 2019 till actual possession.

II. SUBSTANTIAL QUESTIONS OF LAW INVOLVED IN SECOND APPEAL:

4.

After hearing the learned Counsel appearing for the contesting parties, by Order dated 17th February 2023, this Court has framed following substantial question of law :-

“Whether the Real Estate Regulatory Authority constituted under Section 20 of the Real Estate Regulation and Development Act, 2016 and Real Estate Appellate Tribunal constituted under Section 43 of the Real Estate (Regulation And Development) Act, 2016 has jurisdiction to examine whether the transaction which is subject matter of the complaint is fraudulent?”

By said Order dated 17^th February 2023, Mr. Vishal Kanade, learned Counsel has been appointed as Amicus Curiae to assist the Court.

III. FACTUAL MATRIX :

5.

Before setting out various contentions raised by the Appellant, the Respondents and also submissions of learned Amicus Curiae, and consideration of the same, it is necessary to set out certain factual aspects:-

(i) It is the case of the Respondents that he booked Flat No. C- 802, 8th Floor in Tower C Olivia, Neelkanth Woods, Thane for total consi