CCI PROJECTS PRIVATE LIMITED MUMBAI- 400066 vs RAJESH KUMAR CHAUDHARY AND ANR

Judgment text excerpt

2026:BHC-AS:9416 SA-479-2021 (final).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 479 OF 2021 CCI Projects Private Limited ] Office at Rivali Park, CCI Compound, Western ] Express Highway, Borivali East, ] Mumbai 400 066. ] ...Petitioner Versus 1. Mr. Rajesh Kumar Chaudhary ] 2. Mrs. Sapna Chaudhary ] Both having address at ] C-1001, Ekta Meadows, Off Western Express ] ] Highway, Siddharth Nagar, Borivali (East), ] Mumbai – 400066. ] 3. Mr. Abhijit Kumar Phanikumar ] 4. Ms. Nandini Hiten Khatau ] 5. Ms. Maithili Hiten Khatau ] 6. Mr. Pradip Haridas Udeshi ] 7. Ms. Nayna Bharat Pasta ] All having office at Rivali Park, ] CCI Compound, Western Express Highway, ] ] Borivali (East), Mumbai – 400 066. ] …Respondents —————— Mr. Naushad Engineer, Senior Advocate i/b Wadia Ghandy and Co. for Appellant. Mr. Harshad Bhadbhade for Respondents. —————— Coram : Sharmila U. Deshmukh, J. Reserved on : 9th April, 2026. Pronounced on : 18th June, 2026. Sairaj 1 of 32 SA-479-2021 (final).doc Judgment : 1. The Second Appeal is filed at the instance of the promoter, challenging the judgment dated 10 th March, 2021 passed by Maharashtra Real Estate Appellate Tribunal, Mumbai [for short, “Appellate Tribunal”] quashing the order dated 17th September, 2018 in Complaint No. CC006000000054636 passed by MahaRERA and directing the promoters to pay interest for delayed possession. For sake of brevity, the parties are referred to as Promoter and allottees. 2. By order dated 11th December, 2025, this Court framed the following substantial questions of law: “(i) Whether in view of provisions of Section 55 of the Indian Contract Act, 1872, the acceptance of delayed performance would disentitle the promisee from compensation claimed on account of non-perfor