9911796707
TMI Blog2025 (1) TMI 1146X X X X Extracts X X X X X X X X Extracts X X X X ..... , they have been heard together and are being decided by a common order. 3. Special Leave Petition (Civil) No. 25540 of 2023 arises from Complaint No. CC006000000056663 whereas Special Leave Petition (Civil) No. 24959 of 2023 arises from Complaint No.006000000056656; both complaints were filed before the Maharastra Real Estate Regulatory Authority, Mumbai RERA Mumbai for possession of flat in a building complex known as "Lodha Venezia" & "Lodha Azzuro". The appellants herein separately filed the aforesaid complaints claiming themselves to be allottees in a building project registered with RERA. The complainants, inter-alia, impleaded Esque Finmark Pvt. Ltd (Respondent No.1 herein) (for short R-1) and Macrotech Developers Ltd. (erstwhile "L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n order, the High Court dismissed the appeals while observing as under : " In the normal circumstances, I would have condoned the delay. However, it appears that the order dated 23 July 2019 was passed with consent. According to the learned counsel for the appellant(s), the Advocate was not authorized to give such consent. However, admittedly, no application was thereafter made seeking recall of the said order. On the contrary, it appears from the final order dated 16 October 2019, that the same submissions were made at the time of final hearing of the complaint(s). The learned counsel for the appellant(s) submit that the merits of the order dated 23 July 2019 cannot be examined at this stage. However, considering the overall facts and ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e may also put on record that before the Appellate Tribunal, the appellants had disputed that the order dated 23.07.2019 was based on consent of the parties. In these circumstances, when merits of the orders impugned in the appeal was not touched upon by the Appellate Tribunal, the High Court ought not to have commented on the merits. 11. For the reasons above, these appeals are allowed. The judgment and order of the High Court dated 23.08.2023 passed in Second Appeal Nos.475 and 188 of 2023 is set aside. The order dated 01.12.2022 passed by the Appellate Tribunal, Mumbai, refusing to condone the delay in filing the appeals by the appellants herein against the orders dated 23.07.2019 and 16.10.2019, is set aside. The delay in filing those ..... X X X X Extracts X X X X X X X X Extracts X X X X
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