Marvel Landmarks Pvt. Ltd. v. The State Of Maharashtra And ORS
18.WP.12121.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12121 OF 2024 Marvel Landmarks Pvt. Ltd.
....Petitioner
Versus
The State Of Maharashtra & Ors.
....Respondents Mr. R.S. Pawar, AGP for State.
CORAM: SOMASEKHAR SUNDARESAN, J.
DATE : DECEMBER 03, 2025 ORDER :
1.
The core jurisdictional question raised in this matter relates to reversal of the transaction in terms of Section 18 of the Real Estate (Regulation and Development) Act, 2016 ("RERA") which has been effected by an Adjudicating Officer exercising jurisdiction under Section 71 of the RERA. This issue appears to be squarely covered by a judgment of a three Judge Bench of the Supreme Court in Newtech Promoters and Developers Pvt. Ltd.1. The said judgement is said to have been followed by a Division Bench of this Court. In these circumstances, it would be appropriate to call for a reply from the Respondents. Liberty is also granted to Respondent No.5 to file a Reply.
by AARTI GAJANAN PALKAR Date:
2025.12.09 12:25:59 +0530 AARTI GAJANAN PALKAR 1 Newtech Promoters and Developers Pvt. Ltd. v. State of UP - AIR Online 2021 SC 1018 DECEMBER 03, 2025 Aarti Palkar
18.WP.12121.2024.doc 2.
A pure jurisdictional question has been raised and it would be necessary to examine this expeditiously, so that interest of Respondent No.5 is also not unnecessarily undermined. Therefore, a reply may be filed within a period of three weeks from today. Rejoinder, if any, to be filed within a week thereafter.
3.
Stand over to January 7, 2026.
4.
In the meanwhile, execution of the Impugned Order shall remain stayed until the next date.
5.
Registry to issue notice to the Respondents, returnable on January 1, 2026. The Petitioner is granted liberty to effect private service by all permissible modes including by electronic means, and to file a Service Affidavit, with tangible evidence of service, on or before the next date.
6.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.] DECEMBER 03, 2025 Aarti Palkar