M/S. Sailee Developers v. State Of Maharashtra Through G.P. And ORS

1/2 906-wp-312-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.312 OF 2020 M/s. Sailee Developers ..Petitioner vs.

State of Maharashtra & Ors.

..Respondents .....

Mr. Nilesh Gala i/b. Sachin Mhatre, Advocate for Petitioner. Mr. A. M. Kulkarni a/w. Akshay Kulkarni, Advocate for Respondent No.2.

Mr. Aditya Deolekar a/w. Avadhut Bidaye and Hitesh Chavahia, Advocate for Respondent No.3.

Mr. A. A. Metkari, AGP for Respondent No.1/ State. CORAM : C.V. BHADANG, J.

DATE : 16th JANUARY, 2020 P.C.

.

Heard for some time.

2.

The limited relief sought by the learned counsel for the petitioner, at this stage is that Review Application filed by the petitioner before the Real Estate Regulatory Authority (RERA) should be decided expeditiously.

3.

Learned counsel for the respondent No.2, on instructions, states that the petitioner may attend the RERA and the review application shall be decided as expeditiously as possible. 4.

Learned counsel for the respondent No.3 points out that the petitioner has already availed of remedy of an appeal before the Mamta Kale

2/2 906-wp-312-20 Appellate Authority and therefore the review may not be maintainable.

5.

I am afraid this aspect cannot be and need not be gone into at this stage, in as much as all that the petitioner wants is that the review application should be decided expeditiously. 6.

In such circumstances, the petition is disposed of with a direction to the RERA to decide the review application on its own merits and in accordance with law within a period of four weeks from the date of appearance of the petitioner before the authority on 20/1/2020 at 3.00 p.m.

7.

It is made clear that this Court has not expressed any opinion on merits of the application and the rival contentions of the parties are left open.

8.

It will be open for the parties to make a joint request for adjournment before the Appellate Authority.

C.V. BHADANG, J.

Mamta Kale