Search Results for "Real Estate Appellate Tribunal"

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Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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High Court of Karnataka Upholds Validity of RERA Rules Requiring Registration of Ongoing Projects Without Prior Approvals. Rule 18(8) and Rule 31(9) of Karnataka Real Estate (Regulation and Development) Rules 2017 held intra vires the Real Estate (Regulation and Development) Act, 2016.

The case involves three writ appeals filed by real estate developers (M/s. Panchmal Properties, M/s. Sri Nandana Builders, and another) against an ord...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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High Court Directs State to Establish Real Estate Regulatory Authority and Appellate Tribunal Under RERA, 2016 — Mandamus Issued for Compliance with Section 20(1).

The petitioner, M/s. Panchmal Properties, a proprietorship concern represented by its proprietrix Ms. Preeti Shenoy, filed a writ petition under Artic...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...