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2023 Supreme(Online)(Bom) 26577

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE JITENDRA SHANTILAL JAIN
SANVO RESORTS PRIVATE LIMITED AND ORS – Appellant
Versus
MRS. SHITAL NILESH DESHMUKH AND ANR – Respondent


2023:BHC-AS:25419 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 512 OF 2022 Sanvo Resorts Pvt. Ltd. & Ors. ...Appellants Versus Mrs. Shital Nilesh Deshmukh & Anr. ...Respondents ….

Ms. Akshada Shetye i/by Ms. Prasanna Tare for the Appellant.

Mr. Tejas Mane for the Respondents.

CORAM : JITENDRA JAIN, J. DATE : 25th AUGUST, 2023.

JUDGMENT (JITENDRA JAIN, J.)

1. This appeal is filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (for short “RERA Act”) challenging the order of the Maharashtra Real Estate Appellate Tribunal (for short “Appellate Tribunal”) dated 2nd March, 2022 and as rectified on 13th April, 2022. The Appellant has raised various questions of law in the appeal filed before this Court. However, the only question which arises from the Appellate Tribunal’s order which requires to be considered is reframed as under :

“Whether the Appellate Tribunal was justified in confirming the order of the Regulatory Authority granting interest under Section 18 of the RERA Act to the Respondent allottee ?”

Narrative of Events :

2. The Appellant is promoter and developer of a complex known as “Marathon Nexzone” at Panvel. The

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