NOBLE INFRA PROJECTS Vs. SHAKIR SHAFIUDDIN SHAIKH

JUDGEMENT

(1.) By the present Second Appeal, the challenge is to the legality and validity of the impugned order dtd. 27/3/2023 passed by learned Maharashtra Real Estate Appellate Tribunal, Mumbai in Miscellaneous Application No.73 of 2023 (for delay) alongwith Miscellaneous Application No. 66 of 2023 (for restoration) in Appeal No. AT005000000053321.

(2.) By order dtd. 9/10/2019 passed by the learned Adjudicating Officer, Maharashtra Real Estate Regulatory Authority, Mumbai in Complaint No. CC006000000078246, the present Appellant inter alia was directed to pay interest @10.35% per annum on Rs.55.00 Lakhs from 1/1/2018 till possession of flat is delivered. The said order was challenged before the learned Maharashtra Real Estate Appellate Tribunal (hereinafter referred to as "The Appellate Tribunal").

(3.) Admittedly, by order dtd. 22/8/2022 passed in Miscellaneous Application No.811 of 2021 (for delay) in the Appeal, the delay in filing the Appeal was condoned. On the same day, by separate order the Appellant was directed to deposit entire amount as per the impugned order in compliance of proviso to Sec. 43(5) of the Real Estate (Regulation and Development) Act , 2016 (hereinafter referred to as "RERA" for short). The said order was not complied with and resultantly the said Appeal was dismissed for non-compliance. Therefore the above referred Miscellaneous Application No. 73 of 2023 (for delay) alongwith Miscellaneous Application No. 66 of 2023 (for restoration) has been filed.