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Search Results for "RERA registration"

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High Court

Karnataka High Court Quashes RERA Authority's Refund Order Against Builder for Lack of Jurisdiction as Project Was Completed Before RERA Act Came Into Force. The Court held that the Real Estate (Regulation and Development) Act, 2016 applies only to ongoing projects where completion certificate is not issued, and since partial occupancy certificate was issued prior to the Act, the complaint was not maintainable and the order was without jurisdiction.

2 Jan 2023

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India by M/s Provident Housing Limited, a real estate deve...

High Court

Bombay High Court Considers Challenge to RERA Refund Order Alleged Void for Want of Jurisdiction. The Petition Tests Whether Supreme Court's Newtech Decision Renders Final Unappealed RERA Orders Non-Est Under Section 71 of RERA Act.

7 Apr 2026

The writ petition came before the Bombay High Court raising the issue whether an order passed by the RERA Adjudicating Officer directing refund of Rs....

High Court

Bombay High Court Dismisses Developer's Maintainability Challenge and Upholds RERA Recovery Certificate in Allottee Refund Case. Real Estate Regulatory Authority Has Power to Issue Recovery Certificate Under Section 40(1) of RERA Act, 2016 for Refund Orders.

9 Mar 2020

The judgment pertains to two connected matters: an Interim Application filed by the developer, Marvel Sigma Homes Pvt. Ltd., challenging the maintaina...

High Court

Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

18 Jun 2026

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

High Court

High Court of Karnataka Considers Validity of RERA Order on Complaint Maintainability and Project Exemption. The Court Examines Whether a Project with Occupancy Certificate is Exempt from Registration Under Rule 4 of Karnataka Real Estate Rules.

8 Feb 2024

The petitioner, a real estate promoter, challenged an order of the Karnataka Real Estate Regulatory Authority which rejected its application seeking d...

High Court

Bombay High Court Partially Allows Appeal in RERA Refund Dispute — Joint Developer Not Liable for Refund of Amounts Not Received. The court held that under Sections 12 and 18 of RERA, only a promoter who has received payment can be directed to refund, and joint and several liability cannot be imposed without statutory basis.

26 Feb 2024

The case involves a dispute under the Real Estate (Regulation and Development) Act, 2016 (RERA) regarding the refund of amounts paid by an allottee to...

High Court

Madras High Court Allows Appeal in RERA Case for Delay in Possession — Promoter Liable for Interest Under Section 18 of RERA Act, 2016. The court restored the order of TN RERA directing the promoter to pay interest for delay in handing over possession of flat and club house facilities.

10 Jan 2025

The appellant, a retired General Manager of Bharat Petroleum Corporation Limited, entered into a Memorandum of Agreement on 30.07.2011 with the respon...

High Court

Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

25 Jun 2021

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

High Court

Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

18 Jun 2026

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

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