Marvel Realtors And Developers Limited Thou Director Vishwajeet S Jhavar v. Maharashtra Real Estate Regulatory Authority And ORS

P1.WP.1794.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1794 OF 2024 Marvel Realtors and Developers Limited .. Petitioner

Versus

Maharashtra Real Estate Regulatory Authority and Ors.

.. Respondents ....................

 Mr. Kishor Patil, Advocate i/by Mr. Amit Ashok Gharte for Petitioner.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 09, 2025 P.C.

:

1.

Mentioned. Not on Board. Taken on Board.

2.

Perused the praecipe dated 09.07.2025 and the copy of Writ Petition.

3.

Heard Mr. Patil, learned Advocate for Petitioner. 4.

Mr. Patil, learned Advocate informs the Court that at the instance of the purchaser, Real Estate Regulatory Authority (for short 'RERA') has passed on order dated 16.08.2019 stipulating three conditions out of which one condition is obligation required to be completed by purchaser himself regarding payment of the balance outstanding amount to the Developer.

5.

He would submit that without paying the said amount the purchaser has approached Executing Court and has got issued a

P1.WP.1794.2024.doc possession warrant which is subject matter of challenge in the present Writ Petition filed in the year 2022.

6.

He would submit that since purchaser is pursuing the Executing Court today, Petitioner - Developer is aggrieved and in view of the fact that Petitioner has already met his twin obligations under the RERA order he would submit that present Petition can be indeed worked out.

7.

Hence he would persuade the Court to list the Petition at the earliest. Copy of this order shall be served on the Respondents - Purchasers. Advocate for Purchasers is directed to remain present on the next adjourned date to enable the Court to hear the Writ Petition. 8.

In view of this order, it is directed that no coercive steps shall be taken by Execution Court against Petitioner - Developer in respect of the subject Units.

9.

Needless to state that purchaser shall be heard by this Court on the next adjourned date.

10.

List the matter on 16th July, 2025.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.07.09 14:45:28 +0530 HARSHADA HANUMANT SAWANT