Prashant Rama Surarna vs. Maharashtra Real Estate Regulatory Authority
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Hon'Ble Shri Justice K.K. Tated , Hon'Ble Shri Justice R. I. Chagla
Listed On:
1 Jul 2021
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Order Text
8.2029.21-WP.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 2029/2021
Prashant Rama Suvarna & Ors. ….. Petitioners
Vs.
Maha RERA & Ors. ….. Respondents
Mr. Amrut Joshi I/b. Nilam Shinde for the Petitioners Mr.Ashutosh M. Kulkarni a/w. Mr. Akshay A. Kulkarni for the Respondent No.1. Ms. Ritika Agarwal a/w. Rajshree Mukherjee I/b. Acelegal for Respondent No.2.
CORAM: K.K.TATED & RIYAZ I. CHAGLA, JJ.
DATED : JULY 1, 2021 (VIDEO CONFERENCING)
P.C.
1 Heard. By this petition under Article 226 of the Constitution of India, the Petitioner is seeking direction against Respondent No.1 Maha RERA to hear their complaint along with Interim Application, as early as possible.
2 The learned counsel for the Petitioner submits that the Petitioner had filed in all 13 complaints which are as under:
| Cause Title | Complaint No. | Complaint<br>filing date |
|---|---|---|
| Pramod Suvarna | CC006000000193465 | 14th July 2020 |
| Chirag<br>Thakur<br>Mrs.<br>Yamini Ghirag Thakur | CC006000000193487 | 15th July 2020 |
| Naveen Kayakkal<br>Mrs. Ramya Naveen | CC006000000193496 | 15th July 2020 |
| Anurag Shanker | CC006000000193501 | 16th July 2020 |
| Vishal Desale<br>Mrs. Madhumati Vishal<br>Desale | CC006000000193503 | 15th July 2020 |
| Rahul Kanchan | CC006000000193507 | 16th July 2020 |
| Praveen Karkera<br>Mrs.<br>Saroja<br>Praveen<br>Karkera | CC006000000193514 | 17th July 2020 |
| Bharat Patil<br>Mrs. Kirti Bharat Patil | CC006000000193519 | 17th July 2020 |
| Sachin Poojary<br>Mrs. Sujata S. Poojary | CC006000000193527 | 17th July 2020 |
| Joseph Rockey | CC006000000193535 | 18th July 2020 |
| Sanjay Kumar Bagel<br>Mrs.<br>Manju<br>Vishwa<br>Kumar Baghel | CC006000000193542 | 20th July<br>2020 |
| Aaradhy Chaudhary<br>Mrs. Rekha Singh | CC006000000193674 | th August<br>6<br>2020 |
| Sandeep Tramak Aher | CC00600000019370 | th August<br>6<br>2020 |
3 The learned counsel for the Petitioner submits that the Petitioner, time and again, made an Application for early hearing by their Applications dated 27.08.2020, 02.09.2020, 07.09.2020 and 19.10.2020. He submits that in spite of several Applications for early hearing the Respondent No.1 has not granted any circulation. Hence, the Writ Petition.
4 The learned counsel for the Petitioners further made a statement before this court that the Respondent has granted circulation of a matter which was filed subsequent to the Petitioner's complaint. In support of this contention, he relies on Email dated 02.03.2021, Exhibit-F, page 170 to the petition.
5 The learned counsel for the Petitioners submits that in the interest of justice, this Hon'ble Court be pleased to direct Respondent No.1 to hear the Petitioners' Application for interim relief as early as possible, as they are suffering because of the negligence on the part of the Builder/Developer.
6 We heard both sides at length. It is to be noted that, in the present proceedings, the Petitioners filed their complaint in the month of July 2020. Considering the present COVID-19 situation and as Respondent No.1 is functioning through video conference, we do not find any reason to entertain such type of petition to direct Respondent No.1 to decide the application made by the Petitioner, immediately, but in any case, considering the urgency in the matter, we permit the Advocate for the Petitioner to make an appropriate Application before Respondent No.1 explaining their urgency and if such Application is made, Respondent No.1 to consider the same on its own merits.
8 In view of the above mentioned discussion, the following order is passed:
Basavraj G. Patil 3/4
a. The Writ Petition stands rejected with liberty as stated hereinabove.
b. No order as to costs.
(RIYAZ I. CHAGLA, J.) (K.K.TATED, J.)