Case Note & Summary
The case involved a Civil Miscellaneous Second Appeal filed by JPG Housing and Projects Pvt. Limited and its Managing Director M.J. Gopinathan against an order of the Tamil Nadu Real Estate Appellate Tribunal. The respondent, G. Jothimani, had previously filed a complaint that was adjudicated by the Tamil Nadu Real Estate Regulatory Authority, which issued an order on 27.04.2022. The appellants had initially appealed against this order but withdrew their appeal on 23.08.2023. After a lapse of two years, they filed a Miscellaneous Application to recall the order, claiming new facts regarding an alleged settlement. The Tribunal found no merit in this application, leading to the present appeal. The court analyzed the maintainability of the Miscellaneous Application, emphasizing that the delay in filing and the withdrawal of the previous appeal rendered the application untenable. Consequently, the court dismissed the appeal and closed the connected petition, affirming the Tribunal's decision.
Headnote
A) Real Estate Law - Appeal Withdrawal - Maintainability of Recall Application - Tamil Nadu Real Estate Regulatory Authority Act, 2013 - The appellants withdrew their appeal against the order of the Tamil Nadu Real Estate Regulatory Authority and later filed a Miscellaneous Application to recall the order citing new facts. The court held that the application was not maintainable as it was filed after a significant delay and concurred with the Tribunal's findings (Paras 2-3).
Issue of Consideration
Whether the Miscellaneous Application filed to recall the order after two years is maintainable.
Final Decision
The court dismissed the Civil Miscellaneous Second Appeal and closed the connected Civil Miscellaneous Petition, affirming the Tribunal's decision.
Law Points
- Civil Miscellaneous Second Appeal
- Real Estate Regulatory Authority
- Appeal Withdrawal
- Miscellaneous Application
- Maintainability
