Godrej Greenview Housing Pvt. Ltd. And ANR v. The Maharashtra Real Estate Regulatory Authority And 2 ORS

Sudhir Rane 601-WPL-199-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.199 OF 2018 Godrej Greenview Housing Pvt. Ltd. and another ... Petitioners.

Versus

The Maharashtra Real Estate Regulatory Authority and others ... Respondents ....

Mr. Shardul Singh a/w Ms. Preet Chheda and Ms. U. Bodaji i/b. DSK Legal for the Petitioners.

None for the Respondents.

....

CORAM : R.M.BORDE & R.G. KETKAR, JJ.

DATE : 24th JANUARY, 2018 PER COURT :

1.

Not on board. Taken on board.

2.

In view of the notification dated 28.12.2017, issued by the Government of Maharashtra, until the establishment of the Appellate Tribunal to hear the appeals under the Real Estate (Regulation and Development) Act 2016, the M.R.T. has been designated as an authority to hear the appeals. It would be open for the petitioner to prefer an appeal to the authority prescribed under the notification dated 28.12.2017 i.e. M.R.T.

Sudhir Rane 601-WPL-199-2018.doc 3.

The Petitioner, on instructions, undertakes to comply with the directions issued by the Member and Adjudication Officer, MahaRERA, Mumbai dated 21.11.2017 in respect of payment of an amount and further undertakes to deposit the amount within a period of two weeks with the M.R.T.

4.

The implementation and execution of the order passed by the Member and Adjudicating Officer, MahaRERA dated 21.11.2017, shall stand stayed.

5.

The withdrawal of the amount by the respondent-original complainant would be subject to the orders those may be passed by the M.R.T. in the pending appeal, which would be presented by the petitioner.

6.

It is needless to mention that the contentions raised in the instant petition by the petitioner are kept open for consideration by the Appellate Forum i.e. M.R.T.

7.

In view of the above, the writ petition stands disposed of. ( R.G. KETKAR ) ( R.M. BORDE ) JUDGE JUDGE