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Bombay High Court

MAHINDRA BLOOMDALE DEVELOPERS LIMITEDversusPRACHI MANOJ GUPTA

Decided
Disposal
Disposed Off

Holding

The appeal is disposed of, with liberty granted to the appellant to raise all grounds, including maintainability, at the final hearing before the Appellate Tribunal.

Summary

The High Court considered an appeal by Mahindra Bloomdale Developers Ltd. against an order that had been posted for hearing without an affidavit‑in‑reply from the appellant. The appellant had attempted to file a miscellaneous application challenging the tenability of the appeal, which the Appellate Tribunal refused to take on record. The Court held that, since the Tribunal has not yet heard the appeal, the appellant may raise all grounds, including the maintainability of the appeal, at the final hearing. Accordingly, the appeal was disposed of, granting the appellant liberty to raise those grounds before the Tribunal. The parties were also allowed to compile the documents forming part of the Authority’s record, and the related interim application was disposed of as well.

Issues considered

  • The appellant’s right to raise a miscellaneous application challenging the maintainability of the appeal despite the Tribunal’s refusal to record it
  • Whether the appeal can be disposed of without hearing the appellant’s objections and with liberty to raise them later

Legislation cited

Subjects

  • appeal
  • maintainability
  • miscellaneous application
  • RERA
  • Appellate Tribunal
  • disposal
  • interim application

Judgment

                                                                        6-SA348-2026+.DOC

                                                                                  Santosh

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION


                                   SECOND APPEAL NO. 348 OF 2026
                                               WITH
                                INTERIM APPLICATION NO. 7308 OF 2026

                      Mahindra Bloomdale Developers Ltd.                  ...Applicant/
                                                                              Appellant

                      Prachi Manoj Gupta                                 …Respondent

                      Mr. Rohan Kelkar, a/w Subhasree Chatterjee, a/s Jonathan
                           Jose, for the Appellant.
                      Ms. Amisha Lolusare, for the Respondent.

                                                   CORAM: N. J. JAMADAR, J.
                                                   DATED: 30th SEPTEMBER, 2026

                      Oral Order:-

                      1.   Heard the learned Counsel for the parties.


                      2.   The challenge in this appeal is to an order dated 28 th April,

ARUN
RAMCHANDRA            2026, whereby the appeal was directed to be posted for hearing
SANKPAL
Digitally signed by
ARUN RAMCHANDRA
SANKPAL
                      and disposal without an affidavit-in-reply on behalf of the
Date: 2026.10.03
12:13:38 +0530

                      appellant – respondent in AT01/00943/2025.


                      3.   Mr. Kelkar, the learned Counsel for the appellant,

                      submitted that, the appellant had made an effort to file a

                      miscellaneous application raising grounds of objection to the

                      tenability of the appeal.   However, the Appellate Tribunal has

                      declined to take the said miscellaneous application on record.

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                                                 6-SA348-2026+.DOC

4.    Since the Appellate Tribunal is yet to hear the appeal

against the order passed by the Authority, in accordance with

the provisions of RERA, 2016, this appeal can be disposed of

with liberty to the appellant to raise all the grounds, including

that of the maintainability of the appeal, which was sought to

be raised by way of a separate miscellaneous application, at the

time of the final hearing of the appeal.


5.    The appeal, thus, stands disposed with liberty to the

appellant to raise all the grounds, including that of the

maintainability of the appeal, which was sought to be raised by

way of a separate miscellaneous application, and a request to

the Appellate Tribunal to consider the grounds raised, including

that of maintainability of the Appeal, while deciding the Appeal

finally.


6.    The parties are permitted to file a compilation of the

documents which formed part of the record of the Authority,

before the Appellate Tribunal.


7.    In view of disposal of the second appeal, IA/7308/2026

also stands disposed.




                                           [N. J. JAMADAR, J.]


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