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Bombay High CourtIA/2776/2022disposed off

Omkar Ventures Private Limited Mumbai v. The Maharashtra Real Estate Appellate Tribunal Mumbai And ORS

2023-02-07Hon'Ble Shri Justice Madhav J. Jamdar2 pages

906-sa-382-2022.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2023.02.07 17:38:48 +0530 CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL SECOND APPEAL NO. 382 OF 2022 WITH INTERIM APPLICATION NO.2776 OF 2022 WITH INTERIM APPLICATION NO.2775 OF 2022 Omkar Ventures Private Limited Mumbai ...Appellant

Versus

The Maharashtra Real Estate Appellate Tribunal Mumbai & Ors.

...Respondents

Mr. Shakeel Shaikh a/w. Noorain Patel, i/b. Diamondwala & Co., for the Appellant.

Mr. Sharan Jagtiani, Senior Advocate a/w. Ms. Shraddha Achliya and Ms. Bency Ramakrishnan, i/b. Mr. Akash Menon, for the Respondents.

CORAM : MADHAV J. JAMDAR, J.

DATED : 7th FEBRUARY 2023 P.C. :

1.

Mr. Shakeel Shaikh, learned counsel appearing for the Appellant after some arguments, seeks leave to withdraw the Second Appeal.

2.

Accordingly, the Second Appeal is dismissed as withdrawn.

3.

In view of the withdrawal of the Second Appeal, nothing 1/2

906-sa-382-2022.doc Sonali survives in the Interim Applications and the same are also disposed of.

4.

As the Second Appeal is withdrawn, the order dated 26th April 2022 by which stay was granted to execution proceedings is vacated forthwith.

5.

The Maharashtra Real Estate Regulatory Authority, Mumbai is requested to dispose of the said execution proceedings expeditiously.

[MADHAV J. JAMDAR, J.] 2/2