2024:BHC-AS:50612 11-SA-434-2023+-.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.434 OF 2023 WITH INTERIM APPLICATION (ST) NO.16005 OF 2023 M/s. Rashmi Realty Builders Pvt. Ltd. …Appellant Versus Mr. Rahul Rajendrakumar Pagariya & Ors. …Respondents Mr. A. R. Upadhyay, Advocate, i/b. M/s. A. R. Upadhyay & Co., for the Petitioner.

Mr. Altaf Khan a/w. Mr. Akash Mangalgi, Mr. Akash S. Bhogil, Ms. Supriya Ghadge, Mr. Mazhar Khan and Mr. Sumit Dhanawde, Advocates, for the Respondents.

Mr. Atul Damle, Senior Advocate, Amicus Curiae, a/w. Ms. Payal Vardhan, Advocate.

CORAM: MADHAV J. JAMDAR, J.

DATED : 25 OCTOBER 2024 JUDGMENT:

I. CHALLENGE IN THE SECOND APPEAL

1. The challenge in this Second Appeal by the Appellant is to the judgment and order dated 31^st March 2023 passed by the learned Maharashtra Real Estate Appellate Tribunal, Mumbai (“Appellate Tribunal”) in Appeal No.AT00600000052320. The said Appeal was filed by the present Respondents challenging the legality and validity of the order dated 3^rd January 2020 passed by the learned Chairperson, Maharashtra Real Estate Regulatory Authority, Mumbai (“Authority”) in Complaint No.CC006000000161230.