9911796707
TMI Blog2025 (1) TMI 1146X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the High Court was of refusal to condone the delay in preferring the appeals before the Appellate Tribunal, Mumbai. Once the High Court opined that in normal circumstances the delay ought to have been condoned, it ought not to have commented upon the merits of the orders dated 23.07.2019 and 16.10.2019, particularly, when the Appellate Tribunal, Mumbai had not dealt with the correctness of those orders. In such circumstances, the High Court should have set aside the order rejecting the delay condonation application, condoned the delay and restored the appeals on the file of the Appellate Tribunal, Mumbai for consideration on merits. The scope of the appeal before the High Court was limited to examining the correctness of the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inter-alia, impleaded Esque Finmark Pvt. Ltd (Respondent No.1 herein) (for short R-1) and Macrotech Developers Ltd. (erstwhile "Lodha Developers Ltd.") (Respondent no.2 herein) (for short R-2) as opposite parties to the complaint. During the course of the proceedings before RERA, Mumbai, on the objection raised by R2 that there is no privity of contract between the complainant and R2, RERA, Mumbai, vide order dated 23.07.2019, discharged R2 from the proceedings. Thereafter, the two complaints, including other similar complaints, were dismissed by RERA, Mumbai by a common order dated 16.10.2019. 4. Aggrieved by dismissal of their complaints, the appellants herein separately filed appeals before the Maharashtra Real Estate Appellate Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it that the merits of the order dated 23 July 2019 cannot be examined at this stage. However, considering the overall facts and circumstances of the case, I am not inclined to interfere with the impugned order(s). The Second Appeals are dismissed. " 8. We have heard Mr. Vinay Navare for the appellants and Mr. S. Niranjan Reddy for the respondents. Although multiple submissions were raised from both sides touching upon the merits of the case, we do not deem it necessary to refer to them as the present appeals can be allowed on a short ground, which is, that the order impugned before the High Court was of refusal to condone the delay in preferring the appeals before the Appellate Tribunal, Mumbai. Once the High Court opined that in normal c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
