Bhavaesh Jayantilal Jain v. Real Gem Buldtech Pvt Ltd And ANR.

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 840 OF 2016 Bhavesh Jayantilal Jain ...Plaintiff

Versus

Real Gem Buildtech Pvt Ltd & Anr ...Defendants WITH NOTICE OF MOTION NO. 2438 OF 2016 IN SUIT NO. 840 OF 2016 WITH CHAMBER SUMMONS (L) NO. 1042 OF 2019 IN SUIT NO. 840 OF 2016 Mr RM Haridas, with Sameer Mhatre, i/b Ajay Patil, with for the Plaintiff.

Mr Anirban Sen, with Jash Shah, i/b Hariani & Co, for Defendants Nos. 2, 2A-2G.

Ms Sonali Salaskar, for proposed Defendants Nos. 3, 3A and 3B in CHSL/1042/2019 in S/840/2016 and for proposed Defendants Nos. 3, 3A and 3B in CHSL by ARUN RAMCHNDRA SANKPAL Date:

2021.08.02 10:20:36 +0530 ARUN RAMCHNDRA SANKPAL CORAM:G.S. PATEL, J (Through Video Conferencing) DATED: 30th July 2021 PC:-

1.

The Advocate for the Plaintiff is absent, after having had the matter listed for withdrawal. I will proceed on the basis of the praecipe.

2.

The Application is that the Suit should be permitted to be withdrawn, with liberty to adopt appropriate proceedings before the Maharashtra Real Estate Regulatory Authority. 3.

Obviously, all contentions before RERA are kept open and are for RERA to decide. This order cannot possibly be construed as a decision on merits. The Defendants may take all contentions before RERA, including as to the maintainability of any application filed by the Plaintiff before that authority.

4.

The Suit is dismissed as withdrawn with liberty as prayed. 5.

All interim orders stand vacated.

6.

All pending Interim Applications are disposed of as infructuous.

7.

Court Fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the

Rules. He will act on production of an authenticated copy of this order without requiring a separate application. 8.

Secretary/Personal Assistant of this Court. All concerned will act on production of an ordinary copy of this order. (G. S. PATEL, J)