DEEPAK MAWANDIA Vs. SHREE RSH PROJECTS PVT. LTD.

JUDGEMENT

(1.) The instant appeal raises an important issue striking at the jurisdiction and competence of the Civil Court in entertaining the dispute, the redressal whereof is provided in a Special Act, though not taken before it but discernible from the averments made in the plaint as well as the application for temporary injunction filed before the Civil Court. The point urged before us was neither put forth before the Trial Court nor argued at the behest of the plaintiff-respondent but is taken before us by the defendant/appellant, if found to be correct, would exclude the jurisdiction of the Civil Court in entertaining the suit having barred either expressly or by necessary implication.

(2.) The instant appeal is against an ex parte ad interim order of injunction passed by the Trial Court at the behest of the defendant/respondent who neither appeared in the said suit at the time of passing impugned order nor filed the pleading raising such issue. We permitted the defendant to take such plea as we find the reference of the initiation of the proceedings before the RERA having pleaded by the plaintiff/respondent in the plaint as well as the temporary injunction application for the simple reason that if it is ultimately found that the jurisdiction or competence of the Civil Court is expressly or by necessary implication is barred under the RERA Act, any order be it ad interim, interim or temporary injunction would be regarded as a nullity.

(3.) Shorn of unnecessary details, the plaintiff/respondent filed a suit before the Civil Court with the principal relief that the defendant/appellant may be directed to pay the remaining balance of the consideration amount agreed under the agreement for sale and to execute the deed of conveyance in respect of a flat covered under the said agreement for sale. In other words, it is a suit for specific performance of an agreement for sale upon payment of the remaining balance consideration money.