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2022 Supreme(Online)(MP) 10293
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE HON'BLE SHRI JUSTICE RAVI MALIMATH, CHIEF JUSTICE & HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8th OF SEPTEMBER, 2022
WRIT PETITION No. 15591 of 2021
BETWEEN:-
M/S TREASURE INDIA THROUGH ITS PARTNER SHRI PANKAJ MATHUR I-10 SHIVAM COMPLEX BAGH SEWANIA BHOPAL (MADHYA PRADESH)
.....PETITIONER
( BY SHRI ROHIT SHARMA – ADVOCATE )
AND
1. SHRI DHANRAJ S/O NOT MENTION B-4 TULSI PARISAR 1 AWADHPURI NEAR BUDH HOSPITAL BHOPAL (MADHYA PRADESH)
2. SHRI PAWAN KUMAR PANDEY S/O NOT MENTION OCCUPATION: NOT MENTION ASTAR 409, 5TH FLOOR, ZONE-1, MP NAGAR, BHOPAL (MADHYA PRADESH)
3. SHRI BHUPENDRA SINGH S/O NOT MENTION OCCUPATION: NOT MENTION FLAT NO. 502, BLOCK MAPEL -A, SPRING WELL NEW KATARA HILLS, BHOPAL (MADHYA PRADESH)
4. M/S LAKSHYA REALITY (P) LIMITED THROUGH DIRECTOR SHRI MANISH VERMA S/O LATE SHRI A.K. VERMA A-72, SHAHPURA, BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
Aman Dawra,
This petition coming on for admission this day, Hon'ble Shri Justice Ravi Malimath, Chief Justice passed the following:
ORDER
Interlocutory Application No. 9490 of 2021 for taking additional documents and submissions on record is allowed, for the reasons mentioned therein.
Documents are taken on record.
This petition is filed seeking to set aside the orders dated 03.08.2021, 04.08.2022 and 19.02.2021 passed by the M.P. Real Estate Appellate Tribunal, Bhopal in MJC Nos.26, 27 and 28 of 2021 respectively.
2. In terms of the said orders, the petitioner was directed to deposit a sum of Rs.45,000/- on the next date of hearing. The request made by the petitioner before the appellate Tribunal for permission to deposit 30% of the amount was rejected. That in the previous case, namely, of the very same appellant, the petitioner was permitted to deposit one-third of the amount involved in the sum of Rs.15,975/-. Therefore, he pleads that the same order be passed.
3. The matter pertains to payment of court fees. It is a matter only between the State and the appellant. Hence, we do not find it necessary to issue notice to the respondents since none of the legal rights of the petitioner is affected.
4. By order dated 02.12.2020 (Annexure P/9) the appellate Tribunal in Appeal Case MJC No.118 of 2020 has directed the appellant to deposit a sum of Rs.15,975/- in compliance of the provision of Section 43(5) of the Madhya Pradesh Real Estate (Regulations and Development) Act, 2016 (for short "the Act"). Therefore, in the remaining cases of the very same appellant, same order should have been passed. However, what is being demanded is the entire amount of Rs.45,000/-. Hence, we find that the same order requires to be passed so far as the remaining cases are concerned.
5. Hence, the orders dated 03.08.2021, 04.08.2021 and 19.02.2021 passed by the Tribunal in MJC Nos. 26, 27 and 28 of 2021 respectively are modified by directing the writ petitioner herein to deposit a sum of Rs.15,975/- in compliance of Section 43(5) of Act. The appellate Tribunal to thereafter proceed further in accordance with law.
6. The Writ petition is accordingly disposed off.
