JUDGMENT

( Delivered by T.S.Sivagnanam,J )

This appeal by the Army Welfare Housing Organisation [AWHO] is directed against the order dated 20.03.2019 passed by the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) in Appeal No.1 of 2019 filed by the appellant herein.

2.The said appeal was filed by the appellant before the Tribunal challenging the order passed by the Tamil Nadu Real Estate Regulatory Authority [TNRERA] in Complaint Nos.29/2018, 33/2018, 34/2018 and 45/2018 dated 30.10.2018. The Tribunal after considering the entire factual matrix as well as the grounds raised by the appellant and the defence raised by the respondent, by the impugned order dismissed the appeal at the admission stage as being not a fit case for being entertained.

3.The appellant Organization challenged the order raising the following substantial questions of law:

“A.When a common order has been passed in respect of several and similar complaints, whether the order of the first respondent appellate tribunal that a single appeal is not maintainable is against settled principles of law?

B.Whether the complaints seeking for invocation of the Act against the appellant society can be continued to be maintained in the light of the fact that the contesting respondent and other allottees have taken possession of their respective flats?

C.When the contesting respondents have taken possession of their fully constructed flats, whether they are estopped from continuing with further proceedings under the Act?”

4.The appellant Organization filed C.M.P.No.701 of 2020 for grant of stay of all further proceedings, in which, interim stay was granted on 20.01.2020. The fourth respondent in the appeal, who is one of the purchaser/allottee filed C.M.P.No.3685 of 2020 to vacate the order of interim stay.

5.The Division Bench had heard the matter on several dates and on

24.09.2020 vacated the interim stay which was initially granted and accordingly, dismissed C.M.P.No.701 of 2020 and allowed the petition for vacating the interim order in C.M.P.No.3685 of 2020. For better appreciation, the order is quoted herein below:

“This appeal, viz., C.M.S.A.No.1 of 2020 has been filed by Army Welfare Housing Organisation [for brevity 'AWHO'] challenging the order passed by the 1 st respondent, namely, the Tamilnadu Real Estate Appellate Tribunal [for brevity, 'TNREAT'] in Appeal No.1 of 2019 dated 20.03.2019 confirming the order passed by the Tamilnadu Real Estate Regulatory Authority [for brevity 'TNRERA'] in complaint Nos. 29/18, 33/18, 34/18 and

45/18.

2.C.M.P.No.701 of 2020 has been filed by AWHO to grant Interim stay of all further proceedings pursuant to the order dated 20.03.2019 made in Appeal No.1 of 2019 pending disposal of the C.M.S.A. and C.M.P.No.3685 of 2020 has been filed by the 4th respondent to vacate the Interim stay granted by this Court in C.M.P.No.701 of

2020 dated 20.01.2020.

3.The issue, which is involved in main appeal is whether the provisions of the Real Estate [Regulation and Development] Act, 2016 [for brevity 'the Act'] will be applicable to the appellant / Society?

4.The original authority, namely, TNRERA and the First Appellate Authority, viz., TNREAT had held against the appellant. When this appeal was heard at the first instance on 20.01.2020, the Division Bench of this Court granted an order of Interim stay by passing the following order:-

'PageNo.82 of the typed set of papers filed along with this Appeal would reveal that the application has been received by the Member Secretary, LPA, Tatabad, Coimbatore from the Project Director, AWHO, Coimbatore, on 07.07.2017. Since contrary to the fact that the application for exemption was made on 07.07.2017, within 15 days from the date of the notification of the Rules, the Appellate Authority held that the appellant has given the application only on 10.07.2017, there shall be an order of interim stay as prayed for.....'

5.The Division Bench of this Court had granted an order of interim stay on the ground that the appellant