M/S.Anshul Bhosale Realty (Partnership Firm) v. Sucheta Deshpande And ORS.

1 7.22.2020 cas.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 22 OF 2020 IN REJECTED CASE NO. 2364 OF 2019 M/s. Anshul Bhosale Realty .....Applicant

IN THE MATTER BETWEEN

M/s. Anshul Bhosale Realty ....Applicant V/s.

Sucheta Deshpande and others .....Respondents Mr. Mandar Soman for the applicant CORAM :

NITIN W. SAMBRE, J.

DATE :

JANUARY 27, 2020.

P.C.

The Second Appeal under Section 58 of Real Estate (Regulation and Development) Act, 2016 ('RERA' for the sake of brevity) came to be dismissed for non removal of offce objections. 2] Learned counsel for the applicant submits that default was

2 7.22.2020 cas.doc unintentional.

3] For the reasons disclosed in the application, delay of 21days stands condoned. Appeal is restored to fle. Time of two weeks is granted to remove offce objections as undertaken, failing which, order dismissing Appeal shall govern the proceedings. 4] It has been rightly pointed out that order impugned is passed by a judicial member and the administrative member was not party to it. As contemplated under Section 55 of the RERA, above coram is mandatory.

5] My attention is invited to the order dated 17/10/2019 passed in Second Appeal Stamp No. 14061 of 2019. Issue notice to respondents in view of provisions of Section 43 and Section 55 of the RERA, returnable on 10/02/2020.

[NITIN W. SAMBRE, J.]