The Maharashtra Real Estate Appellate Tribunal in Mumbai recently witnessed a delay in the case involving H. Rishabraj Developers and the parties represented by Kinjal Karia and three others. The applicant, H. Rishabraj Developers, sought additional time to complete certain procedural requirements and deliberate on their course of action. This article delves into the details of the case, highlighting the key players, legal proceedings, and the implications of the delay.
Background of the Case
The case at hand revolves around Appeal No. AT006000000073860 before the Maharashtra Real Estate Appellate Tribunal. H. Rishabraj Developers has filed this appeal against Kinjal Karia and three other non-applicants. The case addresses various legal issues pertaining to the real estate sector in Maharashtra.
The Conference and Parties Involved
On the 11th of April 2023, a video conference was conducted by the tribunal, with Chairperson Shri S. S. Shinde and Member (A) Dr. K. Shivaji presiding. The applicant was represented by Mr. Bishwajeet Mukherjee, while Mr. Mahesh Karia appeared in person on behalf of himself and Non-applicant No. 1. Additionally, Mr. Shashikant Chaudhari represented Non-applicant No. 4. It is important to note that Non-applicant No. 3 did not have a representative present during the conference.
Procedural Delays and Affidavit of Service
During the conference, Mr. Bishwajeet Mukherjee, the counsel for the applicant, informed the tribunal that they needed additional time to intimate Non-applicant No. 3 about the proceedings. The affidavit of service, confirming the delivery of necessary documents to Non-applicant No. 3, was also pending. The applicant assured the tribunal that the affidavit and supporting documents would be filed promptly.
Writ Petitions and Future Course of Action
Mr. Bishwajeet Mukherjee further informed the tribunal about two writ petitions that were filed before the Bombay High Court, which are related to the ongoing case. Considering these factors, the applicant requested time to discuss with their client and determine the appropriate course of action moving forward.
A writ petition is a formal written request submitted to a higher court seeking its intervention and remedy for a violation of legal rights. It is a legal document that asks the court to review a particular issue and take appropriate action. Writ petitions are typically filed when there is a concern of a violation of fundamental rights or when there is a need for the court's intervention in a specific matter.
Adjournment and Next Steps
In light of the applicant's request and the pending affidavit of service for Non-applicant No. 3, the tribunal granted an adjournment. The case was postponed to the 25th of April 2023 for the affidavit of service to be filed and for further consideration by the tribunal. This adjournment would allow the applicant to complete the necessary procedural requirements and strategize based on the outcome of the writ petitions.
The Maharashtra Real Estate Appellate Tribunal encountered a delay in the case filed by H. Rishabraj Developers against Kinjal Karia and three other non-applicants. The applicant sought additional time to serve the necessary documents to Non-applicant No. 3, file the affidavit of service, and discuss the case in light of two related writ petitions before the Bombay High Court. This delay underscores the complexity of the legal proceedings and the significance of ensuring procedural fairness. The adjournment granted by the tribunal provides an opportunity for the parties involved to diligently fulfill their obligations and plan their next steps.
Note: The information provided in this article about Maharashtra Real Estate Regulatory Authority (MahaRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the case number AT006000000134045 before the Maharashtra Real Estate Regulatory Authority
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