Advocates:
['THRIYAMBAK J KANNAN', '', 'E N HAREEPRIYA', 'ARVA MERCHANT', 'DEFICIT BATTA RS - AND ONE COPY OF GROUNDS DUE IN CMSA', '', 'R - POSTAL RECEIPT AND SHIPMENT DETAILS FILED REG R DT', 'TRACKING SHEET ONLY FILED', 'RR TO - ITEM DELIVERY CONFIRMED ON', 'R - VANDANA PARVEZ SIS MERIDIAN', '', 'GANGAI NAGAR', 'VELACHERI BYPASS ROAD', 'CHENNAI', '', 'PVT NOTICE', 'MEMO PUT UP DT SR', 'WANT OF FOREIGN ENVELOPE AND ACK CARD REG R IN CMSA']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA

and

THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

C.M.S.A.No.79 of 2021

and

C.M.P.No.19257 of 2021

IVR Hotels and Resorts Private Ltd.,

Represented by its Director,

Mr.E.C.Theodore Solomon,

No.30A, III Floor, South Phase,

Thiru Vi.Ka Industrial Estate,

Guindy, Chennai 600 032.

.. Appellant / Respondent / Respondent

Vs.

1. Dr.Vandana Parvez

2. Kotak Alternate Opportunites (India) Fund,

27-BKC, 6^th Floor, Plot No.C-27, G Block,

Bandra Kurla Complex,

Bandra (East) Mumbai 400 051.

3. Kotak India Realty Fund,

10^th Floor, Standard Chartered Tower,

19, Cyber City, Ebene Mauritius.

4. Kotak Investment Advisors Limited,

27-BKC, 6^th Floor, Plot No.C-27,

G Block, Bandra kurla Complex,

Bandra (East), Mumbai 400 051.

5. IVR Prime Urban Developers Ltd.,

M22/3T, Vijaynagar Colony,

Hyderabad, Andhra Pradesh – 500 057.

6. Soma Hotels and Resorts Ltd.,

M22/3T, Vijaynagar Colony,

Hyderabad, Andhra Pradesh – 500 057.

7. E.Sudhir Reddy,

https://hcservices.ecourts.gov.in/hcservices/

8. E.Sunil Reddy

9. E. Ella Reddy

10.M.Mahesh

11.Subhangi Kulkarni

.. Respondents / Respondents /

Respondents

Prayer: Original Side Appeal filed under Section 13 of the

Commercial Courts Act, 2005 to set aside the order of the Tamil

Nadu Real Estate Appellate Tribunal in Appeal No.03 of 2021

dated 27.09.2021 and restore the order of the Tamil Nadu Real

Estate Regulatory Authority in C.No.336 of 2019 dated 21.11.2019.

For Appellant : Mr.Thriyambak J.Kannan

For Respondent

-1

: Dr.Vandana Parvez,

Party-in-Person

appeared through video -

conferencing

JUDGMENT

[delivered by PUSHPA SATHYANARAYANA, J.]

The Civil Miscellaneous Second Appeal is filed against the

order dated 27.09.2021 passed by the Tamil Nadu Real Estate

Appellate Tribunal in Appeal No.03 of 2021, reversing the order

of the Tamil Nadu Real Estate Regulatory Authority in C.No.336

of 2019 dated 21.11.2019.

2.

After hearing the learned counsel for the appellant and

the first respondent, who appeared in person through video-

conferencing, for a while, learned counsel for the appellant

wanted to withdraw this Civil Miscellaneous second appeal, as

the Appellate Tribunal, while allowing the Appeal No.03 of 2021

on 27.09.2021, has stated that the complaint of the first

respondent is maintainable and also directed the Regulatory

Authority to restore the complaint in C.No.336 of 2019 and

dispose of the same on merits, after giving sufficient

opportunity to both sides.

3.

As the learned counsel for the appellant has agreed to

go before the Regulatory Authority, he sought liberty to

https://hcservices.ecourts.gov.in/hcservices/

withdraw this appeal. He has also made an endorsement to that

effect, which reads thus:-

“Appeal may be permitted to be withdrawn

with liberty to approach this Hon'ble Court on

appeal if required pursuant to the proceedings

before the RERA Authorities”

4.

In view of the submission made by the learned counsel

for the appellant and the endorsement so made, the civil

miscellaneous second appeal is dismissed as withdrawn. It is

open to the parties to go before the Regulatory Authority, who

will dispose of the complaint in C.No.336 of 2019 and pass

appropriate orders on merits and in accordance with law, after

affording sufficient opportunity of hearing to all the parties

concerned. No costs. Consequently connected miscellaneous

petition is closed.

Sd/-

Assistant Registrar

True Copy//

Sub Assistant Registrar

srn

To

1. The Tamil Nadu Real Estate

Appellate Tribunal(TNREA)

(Tamil Nadu, Puducherry, Andaman & Nicobar Islands)

at Egmore, Chennai – 8.

2. The Tamil Nadu Real Estate

Regulatory Authority(TNRERA)

(Tamil Nadu, Puducherry, Andaman & Nicobar Islands)

at Egmore, Chennai –