Ra Residences Co-Op Housing Society Ltd v. Ra Associates And ORS

Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 618 OF 2025 RA Residences Coop Housing Society Ltd ..Appellant

Versus

RA Associates and Ors

...Respondents

WITH INTERIM APPLICATION NO. 13586 OF 2025 IN SECOND APPEAL NO. 618 OF 2025 Mr. Manish Gala, with Khyati Bora, i/b Nilesh Gala, for the Appellant. Mr. Rubin Vakil, with Sonam Mhatre, Nipa Ghosh and Zainab Shaikh, i/b Dhaval Vussonji, for the Respondents.

CORAM:

N. J. JAMADAR, J.

DATE :

10th DECEMBER 2025 ORAL ORDER:

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 17th October 2025, passed by the Maharashtra Real Estate Appellate Tribunal, ARUN RAMCHANDRA SANKPAL ARUN RAMCHANDRA SANKPAL Date: 2025.12.11 10:42:20 +0530 Mumbai, whereby the Tribunal has declined to grant interim relief in the Appeal preferred by the Appellant against an order passed by the Authority on 11th March 2025, thereby extending the validity of the registration of the subject project and directing the Respondents to only 1/3

pay a sum of Rs. 5 Lakhs to the complainant as compensation for violation of the provisions of Section 14 (2) of the Real Estate (Regulation and Development) Act, 2016.

3.

The learned Counsel for the Appellant submitted that, on the strength of the extension of validity of registration of the subject project, the Respondents have been carrying out further construction and that would render the Appeal infructuous. 4.

Since the Appellate Tribunal has ascribed reasons for not-granting the interim relief, this Court in exercise of the Appellate jurisdiction which is controlled by the regime of Section 100 of the Code of Civil Procedure, 1908, does not find it expedient to entertain the Appeal against such an interlocutory order.

5.

Nonetheless, having regard to the time sensitivity of the mater and that the issues that have been raised by the Appellant, it would be expedient in the interest of justice that the Appeal itself is decided by the Appellate Tribunal, as expeditiously as possible. 6.

The Second Appeal thus stands disposed with a request to the Appellate Tribunal to hear and decide the Appeal within a period of four months from the next scheduled date of the listing of Appeal No. AT06/00804/2025, before the Appellate Tribunal. 7.

The parties shall cooperate with the Appellate Tribunal in the expedite disposal of the Appeal and shall not seek any adjournment. 2/3

8.

It is clarified that this Court has not entered into the merits of the matter.

9.

In view of the disposal of the Second Appeal, the Interim Application No. 13586 of 2025 also stands disposed. [N. J. JAMADAR, J.] 3/3