67 \o13 &'l4 to ^{16) A1 00600000002 I 326} BEFORE MAHARASHTRA ^{REAL ESTATE APPELLATE TRIBUNAL} MUMBAI

671 MIsC. APPLICATIoN ^{NO. 112 OF 2023(Amendment)}

Ex. NO. 40 of 2022 IN APPEAL NO. AT006000000021326 ^{0F 2019} Anr.

Anthony D'souza & ... Applicants -vs-

Man Golobal Ltd. ...Non-applicant Alongwith

681 MISC. APPLICATION ^{NO. 113 OF 2023(Amendment)}

EX. NO. 41 of 2022 IN APPEAL NO. AT00600000002L2s7 ^{0F 20L9} Flathur ... Applicant Brijesh Kumar -vs-

Ltd, Man Golobal . '.Non-a Pplicant Alongwith

691 MISC. APPLICATION ^{NO. 114 OF 2o23(Amendment)}

EX. NO. 42 of 2022 IN APPEAL NO. AT00600000002 ^{t273 0F 20L9} Anr, Mrs, Simin Asif & '.. ^APplicants -vs-

Ltd.

Man Golobal " 'Non-applicant Alongwith

7OI MISC. APPLICATION ^{NO, 11s OF 2023(Amendment)}

EX. NO. 43 of 2022 N APPEAL NO. AT006000000021279 ^{0F 20L9} Anr Meenal parab & ... Applicants -vs Ltd.

Man Golobal ...Non-applicant Alongwith

7U MISC. APPLICATION NO. ¹¹⁶ OF ^{2023(Amendment)}

EX. NO. 44 0f 2022 N APPEAL NO. AT006000000021286 0F ²⁰¹⁹ Anr Mr. Vikas Khanna & ,., Applicants -vs-

Ltd, N4an Golobal ...Non-applicant Alongwith

721 MISC. APPLICATION NO. ^{117 OF 2023(Amendment)}

EX. NO. 45 0f 2022 IN APPEAL NO. AT00600000003t743 0F zol9 f4ankar Mr. Sidiqali ..' Applicants -vs-

Ltd.

Man Golobal ...Non-applicant Alongwith

741 MISC. APPLICATION NO. 154 OF ^{2o23(Amendment)}

EX. NO. 47 of 2022 IN aPPEAL NO. AT006000000021300 0F ²⁰¹⁹ Anr. ."

Mr. Rakesh H. Parmar & Applicants -v5-

Ltd.

Man Golobal .. 'Non-applicant Alongwith

751 MISC. APPLICATION NO. ^{155 OF} 2023(Amendment)

EX. NO, 48 of 2022 IN APPEAL NO. AT006000000021306 0F ²⁰¹⁹ Anr.

I4r. Amit Bimani & ... Applicants -vs-

lvlan Golobal Ltd. ... Non-a pplicant Alongwith

761 MISC. APPLICATION NO. 156 OF 2023(Amendment)

EX. NO. 49 of 2022 IN APPEAL NO. AT006000000021315 0F 2019 Anr, Rakesh Kumar Jha & ... Applicants -vs-

Man Golobal Ltd. ... Non-a pplrcant Adu Rupali Padgulekar for Applicants in 5r No. 67 to 72 and St No. 74 to

76.

Adv. Wnod Talqa for Non-applicants in SL No. 67 to 72 and Sr No. 74 to

76.

CORAM : SHRI SHRIRAM. R. JAGTAP, MEMBER ^(J) &

DR. K. SHIVAJI, MEMBER (A)

DATE : 27th IULY, 2023 (THROUGH VIDEO CONFERENCE)

Adv. Rupali Padgulekar, learned counsel for the Applicants and Adv. Vinod Talreja, learned counsel for Non-applicants ^joined the conference.

2l Heard learned counsel for the ^parttes. By these Applicataons, Applicants are seeking to m an amendment to the execution applications already flled and dfunder execution at diflerent stages including issuance of warrants for recovery of the amount as ^per, the common impugned order dated 10th June, 2022.

3l Learned counsel for the Applicants further submits that there was certain calculation mistake, which crept in filing the earlier Execution applications in terms of ^quantifying the amount of dues as ^per the impugned order more ^particularly as ^per the order in para 32 ⁽³⁾ wherein it has been speciflcally directed as " Respondent Promoter is directed to pay Appellants Allottees interest above the highest MCLR of the state ^{Bank of India} @2o/o

prevailing at the time of passing the impugned orders w.e.f the next day of the date of possession as stipulated ^{in the agreements for sale} till the date ^of actual possession within a ^{peiod of two months from the} date of this order failing ^{which further interest} at ^{the aforesaid} rate shall be payable by ^{Respondent Promoter on the total amount} payable on the date of actual possession ti// the payment of amount

as directed':

This error happened inadvertently, ^is a bona ^{flde mistake and seeks} rectifications of this error by these amendment applications ^and, [Applications are allowed.] intended to correct by rectlfying of thls ^error and ^{urged that these} applications are allowed in the interest of justice.

4l Learned counsel for the Non-applicant, ^{Adv. Vinod Talreja} vehemently opposed by submitting that in Sr. No.67 t0 ^{72, tecovery} warrants have already been issued and are ^{in the stage of atlachments.} Therefore, this amendment of the application will ^{lead to further} complications including that the ^{2 different amounts}