Parag Mangaldas Khatri And ANR. v. The Maharashtra Real Estate Regulatory Authority And 5 ORS.

28-29-OSWP-5-2022-WITH-OSWP-2-2022.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 5 OF 2022 Parag Mangaldas Khatri And Anr

...Petitioners

Versus

The Maharashtra Real Estate Regulatory Authority & Ors

...Respondents

WITH WRIT PETITION NO. 2 OF 2022 Parag Mangaldas Khatri And Anr

...Petitioners

Versus

The Maharashtra Real Estate Regulatory Authority & Ors

...Respondents

Ms Kashmira Bharucha, i/b Prasad G Gajbhiye, for the Petitioners in both matters.

Mr Sukanta Karmakar, AGP, for the Respondent-State in both matters.

SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2022.01.10 17:11:10 +0530

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

10th January 2022 PC:- 1.

A short request in both these Petitions is for a direction to the 1st Respondent, the Maharashtra Real Estate Regulatory Authority 10th January 2022

28-29-OSWP-5-2022-WITH-OSWP-2-2022.DOC ("MahaRERA") to hear the Petitioners' Non-Execution Application or applications and to dispose these of as expeditiously as possible. In both matters, the applications were filed in February 2020. The complaint is that they have not been listed or taken up. 2.

We are mindful of the large number of the matters that are before the MahaRERA. Accordingly, we only request - but do not direct - the 1st Respondent to grant the Petitioners' application all possible priority, subject to other fixed matters or part-heard matters and to endeavour to dispose of these applications as expeditiously as possible and preferably by 28th February 2022. 3.

We have expressed no opinion on the merits of the controversy between the parties. All contentions are expressly left open.

4.

Both Writ Petitions are disposed of in these terms. There will be no order as to costs.

5.

of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J) 10th January 2022