Prescon Homes Pvt. Ltd. Thr Authorised Representative Mrs Puja Naik v. Joseph Bonaventure Rodrigues And ANR

2026:BHC-GOA:573 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO. 8 OF 2026 WITH MISC. CIVIL APPLICATION NO. 146 OF 2026 IN SECOND APPEAL NO. 8 OF 2026 M/S PRESCON HOMES PVT. LTD., THR. AUTH. REP. MRS. PUJA NAIK ... APPELLANT ~ VERSUS ~ JOSEPH BONAVENTURE RODRIGUES & ANOTHER ... RESPONDENTS APPEARANCES:

for the Appellant Mr. Iftikhar Agha with Ms. Valencia Fernandes for the Respondents Mr. Shivam Fadte CORAM : AMIT S. JAMSANDEKAR, JJ.

DATED : 24th MARCH 2026 P.C:

1. By the present Second Appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), the Appellant has

challenged the order passed by the Learned Maharashtra Real Estate Appellate Tribunal (the Tribunal) dated 18th February 2026 (the impugned order).

2. The original Appeal filed by the Appellant is pending before the Tribunal and, in fact, listed for hearing on 25th March 2026.

3. There are many issues raised on behalf of the Appellant in the present Appeal. On behalf of the Respondents, these issues are denied. The real controversy between the parties concerns the duration of the interest payable by the Appellant to the Respondents. It is submitted on behalf of the Appellant that the Appellant has complied with the order dated 5th March 2025 passed by the Tribunal, and the interest amount deposited by the Appellant is in accordance with the order dated 5th March 2025. Admittedly, the Appellant has paid the principal amount of Rs.42,52,500/- to the Respondents.

4. The Respondent No. 2, Mr. Joseph Rodrigues, is personally present in Court. He is 84 years old. He expressed his desire to put an end to the litigation and agreed that the Appeal pending before the Tribunal be heard expeditiously.

5. In view thereof, the Learned Counsel appearing for the parties, on instructions, submitted that the impugned order be set aside by consent and the Appeal be expedited, considering the age of the Respondent No. 2.

6. In view thereof, the impugned order dated 18th February 2026 is set aside by consent. The Tribunal is requested to take the pending Appeal No. AT07/00407/2025 for hearing and final disposal, and dispose of it within a period of 60 days from today.

7. The present Appeal is disposed of in the above terms.

8. Consequently, the Miscellaneous Civil Application No. 146 of 2026 is also disposed of.

9. No order as to cost.

Assistant of this Court. All concerned will act on production by fax or [ AMIT S. JAMSANDEKAR, J. ] Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 24/03/2026 17:47:49