MAN GLOBAL LTD Vs. RAM PRAKASH JOUKANI

JUDGEMENT

(1.) The matter pertains to the assignment of a Single Judge. However, by an order of 29/11/2021, a learned Single Judge of this Court while considering these two Petitions, expressed doubts about the correctness of an earlier decision of another learned Single Judge, i.e., a bench of co-ordinate strength in Nirman Realtors and Developers Ltd v Danish Ansari,2018 SCC OnLine Bom 16498.. There being this difference of opinion, the matter came to be referred to a larger Bench by the Hon'ble Chief Justice in exercise of his administrative powers. The matter was then assigned to this Bench. We will not, of course, be deciding the Writ Petition itself but only the point that is referred to for a decision.

(2.) We have heard Mr Khandeparkar for the Petitioner, Man Global Ltd and Mr Dave for the sole Respondent, Bharat Prakash Joukani.

(3.) The issue turns on an interpretation of Sec. 58 of the Real Estate (Regulation and Development) Act 2016 ("RERA"). The Sec. reads as follows: