Ronnie P Mendonca v. Samudra Darshan Chs Limited

18_ia_1954_2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1954 OF 2023 IN SECOND APPEAL NO.810 OF 2022 WITH SECOND APPEAL NO.810 OF 2022 Ronnie P. Mendonca and Ors.

...Applicant In the matter between Peter Almeida and Anr.

...Appellants

Versus

Samudra Darshan CHS LTD and Ors.

...Respondents

....

Mr. Prerak Choudhary for the Applicant in IA/1954/2023. Mr. Yohaan Shah with Mr. Hasan Mushabber i/b. M/s. Negandhi Shah and Himayatullah for the Appellant.

Mr. Arun Panicker for Respondent No.1.

Mr. Nilesh Gala with Mr. Manish Gala and Ms Bhoomika Karia i/b. M/s. Law Square for Respondent No.2.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 4th NOVEMBER, 2023.

P.C.:- INTERIM APPLICATION NO.1954 OF 2023:- 1.

The Applicant seeks intervention in the Second Appeal MEGHA SHREEDHAR PARAB No.810 of 2022. The Applicant is not the Complainant. He was not a MEGHA SHREEDHAR PARAB Date: 2023.11.10 19:48:12 +0530 party before the Appellate Court. The only ground on which the Megha 1/2

18_ia_1954_2023 Applicant seeks intervention is that MahaRERA (Maharashtra Real Estate Regulatory Authority) has dismissed his complaint and the other complaints in view of pendency of the second appeal, with which the Applicant has no concern. The presence of the Applicant is not necessary to decide the Second Appeal. The remedy available for the Applicant is either to challenge the order of the Appellate Authority or to seek recall of the said order as the auhtory cannot dismiss the proceedings in limine, solely on the ground that a similar issue is pending before the higher court.

2.

The interim application stands disposed of.

SECOND APPEAL NO.810 OF 2022:- 3.

Stand over to 04/12/2023.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2