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APPELLATE SIDE,BOMBAY
DR. SHALINI PHANSALKAR-JOSHI, J
Lavasa Corporation Limited – Appellant
Versus
Jitendra Jagdish Tulsiani – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Raj Patel, Mr. Ruturaj Bankar
For the Respondents: Mr. Mayur Khandeparkar, Mr. Tushar Gujjar, Ms. Shweta Merchant, Mr. Deepak Singh

JUDGMENT :

1. Heard finally, at the stage of admission itself, with the consent of learned counsel for the Appellant and Respondents.

2. Admit.

3. These three Appeals are preferred, under Section 58 of the Real Estate (Regulation and Development) Act, 2016 , (for short, “RERA”), by Lavasa Corporation, which is developing a Township Project to construct 'Lake Views' and which is registered under the RERA.

4. These Appeals are raising the common questions of law as to 'whether the provisions of the RERA would apply in case of an 'Agreement to Lease'?'; particularly in the facts of the present case, 'whether the definition of the term”Promoter”, as provided under Section 2 (zk) in the RERA, would include a 'Lessor', and 'whether the remedy provided to the 'Allottees' under Section 18 of the RERA can be available only against the 'Promoter', or, in that sense, also against a 'Lessor'?'

5. The Appellants are aggrieved by the three separate orders passed by the Maharashtra Real Estate Appellate Tribunal in three separate Appeals filed by the Respondents, under Section 43(5) of the RERA, against the orders passed by the 'Adjudicating Authority', under Section 18 of the said Act. By the imp

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