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Bombay High CourtIA/1005/2024disposed off

Nnp Buildcon Private Limited v. Rajeshkumar Mahendra Vaja

2024-01-30Hon'Ble Shri Justice Sandeep V. Marne2 pages

k 1/2 25 ia 1005.24 in sa st as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1005 OF 2024 IN SECOND APPEAL (STAMP) NO.2866 OF 2024 NNP Buildcon Pvt. Ltd.

....Applicant

IN THE MATTER BETWEEN

NNP Buildcon Pvt. Ltd.

....Appellant V/S Rajeshkumar Mahendra Vaja ....Respondent ...

WITH INTERIM APPLICATION NO.1008 OF 2024 IN SECOND APPEAL (STAMP) NO.2878 OF 2024 NNP Buildcon Pvt. Ltd.

....Applicant

IN THE MATTER BETWEEN

NNP Buildcon Pvt. Ltd.

....Appellant V/S Vijay Nilkanth Chimurkar & Anr.

....Respondents ...

WITH INTERIM APPLICATION NO.1009 OF 2024 IN SECOND APPEAL (STAMP) NO.2919 OF 2024 NNP Buildcon Pvt. Ltd.

....Applicant

IN THE MATTER BETWEEN

NNP Buildcon Pvt. Ltd.

....Appellant V/S Vivek Raosaheb Vaidya & Anr.

....Respondents ...

Mr. Akshay Doctor with Mr. Rishir Daulat, Ms. Rhia Mehta and Ms. Shruti Shirke i/b M/s. TRD Associates for the Appellant/Applicant. Mr. Omkar Kudale a/w Mr. Nikhil Dongre for the Respondent/s. ...

katkam 1/2

k 2/2 25 ia 1005.24 in sa st as.doc CORAM: SANDEEP V. MARNE, J.

DATE : JANUARY 30, 2024.

P.C.:

Not on Board. Mentioned. Taken on Board.

These Interim Applications are filed seeking stay of operation, execution and implementation of the judgment and order dated 6 February 2023 passed by the MahaRERA Appellate Tribunal. By order dated 19 January 2024 this Court has already granted interim relief in terms of prayer clause (a) of Interim Applications involving similar issue. Since the order impugned is common in the present Second Appeals, the same interim relief needs to be granted in the present Second Appeals as well.

Accordingly, the Interim Applications are made absolute in terms of prayer clause (a) which reads as under:

"a.

that pending the final hearing and disposal of the captioned Second Appeal, this Hon'ble Court be pleased to stay the operation, execution and implementation of the Impugned Order dated 6 February, 2023;"

These Interim Applications are accordingly disposed of. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2024.02.01 17:40:27 +0530 SUDARSHAN RAJALINGAM KATKAM katkam 2/2