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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