SEEMA SURESHCHANDRA MEHATA AND ANR vs MARVEL REALTORS AND DEVELOPERS LIMITED AND ORS

Judgment text excerpt

Digitally signed VARSHA by VARSHA VIJAY RAJGURU VIJAY Date: RAJGURU 2025.07.19 16:16:08 +0530 4-wp-1195-2025.doc varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1195 OF 2025 1. Seema Sureshchandra Mehata R/at.: Manik, Plot No.8, Acacia Gardens II, Magarpatta City, Pune 411 013. 2. Dr. Hrushikesh Surshchandra Mehata R/at.: Manik, Plot No. 8, Acacia Gardens II, Magarpatta City, Pune 411 013. … Petitioners vs. 1. Marvel Realtors & Developers Limited Through its Director Vishwajeet Subhash Jhavar Add.: 301-302, Jewel Towers Lane No.5, Koregaon Park, Pune – 411 001. 2. Maharashtra Real Estate Regulatory Authority, Add.: E-Block, 7th Floor, Housefin Bhavan BKC, near RBI, Bandra Kurla Complex Bandra East, Mumbai, Maharashtra 400 051, 3. State of Maharashtra Through Government Pleader High Court of Bombay, Mumbai. … Respondents Mr. Kaustubh Patil a/w. Dixit Parmar for Petitioners. Mr. Amit Gharte for Respondent No.1. Mr. Hamid Mulla, AGP for Respondent No.3-State. CORAM : GAURI GODSE, J. DATED : 14th JULY 2025 Page no. 1 of 37 4-wp-1195-2025.doc JUDGMENT: Events during pendency of this petition: 1. This petition is filed by the original complainants, who are the purchasers of the subject units. They challenge the order passed by the civil court, dismissing their application for execution of the order passed by the Authority under the Real Estate (Regulation and Development) Act, 2016 (‘RERA Authority’), which directed respondent no. 1 (‘developer’) to hand over possession of the three units. By the impugned order, the execution application is dismissed as not maintainable. 2. The developer has filed Writ Petition No. 1794 of 2024 to challenge the recovery warrant issued by the RERA Authority. As per the roster, Writ Petition No. 1