Veena Realcon Pvt Ltd Through Its Director Nikunj Haresh Sanghavi v. Shivkumar Inamdar And ANR

by VARSHA VIJAY RAJGURU Date:

2024.12.14 16:11:33 +0530 VARSHA VIJAY RAJGURU

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 464 OF 2024 WITH INTERIM APPLICATION NO. 11033 OF 2024 IN SECOND APPEAL NO. 464 OF 2024 WITH SECOND APPEAL NO. 465 OF 2024 WITH INTERIM APPLICATION NO. 11034 OF 2024 IN SECOND APPEAL NO. 465 OF 2024 Veena Realcon Pvt Ltd through its Director Mr. Nikunj Haresh Sanghavi ... Appellant/Applicant vs.

Shivkumar Inamdar and Anr ... Respondents Mr. Devashish Godbole a/w. Mr. Omkar Kulkarni for Appellant/Applicant.

Mr. Siddharth Hattarkar a/w. Mr. Harshad Badbade i/b. Yash Legal for the Respondents.

CORAM : GAURI GODSE, J.

DATED : 13th DECEMBER 2024 ORDER:

1.

Since the soft copy is not legible, a hard copy of compilation Page no. 1 of 3

submitted by the learned counsel for the appellant, is taken on record in both the appeals.

2.

Heard learned counsels for the parties. The second appeals are admitted on the following substantial questions of law: I) Whether the findings recorded by the first appellate court on the purchaser's right to file an appeal challenging the order dated 26th October 2018 for enhancement of the period of delayed payment is sustainable in view of the terms and conditions of the affidavit-cum-undertaking dated 23rd July 2020 and accepting possession on 14th June 2020? II) Whether the purchasers would be entitled to interest on delayed possession after October 2018, in view of the affidavit-cum-undertaking signed by the purchasers at the time of taking possession, pursuant to the order dated 14th February 2020, passed by the RERA Appellate Tribunal? 3.

Learned advocate for the respondents waives notice. 4.

Call for records and proceedings.

5.

Printing is dispensed with.

6.

Learned advocate for the appellant shall file private paperbook within a period of one year from today. Page no. 2 of 3

INTERIM APPLICATION NO. 11033 OF 2024 AND INTERIM APPLICATION NO. 11034 OF 2024 7.

Rule on interim relief in terms of prayer clause (a) is made returnable after ten weeks, subject to the appellant depositing the amount as per the impugned order in this court within a period of four weeks, no coercive action to be taken against the appellant for implementing the impugned order.

(GAURI GODSE, J.) Page no. 3 of 3