Comp. CC006000000251356

BEFORE THE MAHARASHTRA

REAL ESTATE REGULATORY AUTHORITY, MUMBAI

Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020


COMPLAINT NO. CC006000000251356


VASANT OASIS …COMPLAINANT

VS

1. M/S NEEPA REAL ESTATE PVT. LTD.

2. MR. VALLABH NATWARLAL SHETH

3. MR. JITENDRA NATWARLAL SHETH

4. MR. MEHUL GIRISH SHETH …RESPONDENTS


MAHARERA PROJECT REGISTRATION NO. P51800000798

Order
On application to set aside ex-parte order
(27.02.2025)
(Date of Hearing: 03.12.2024)

Coram: Shri. Ravindra Deshpande, Member 2 MahaRERA

Adv. Anil Dsouza for Complainant
Adv. Anosh Sequeria for Respondent

1. ​ The Respondents have filed the present application to set aside the order
dated 5th June 2024 passed by this authority thereby directing the present
matter to be proceeded ex-parte against Respondents.

2. ​ According to Respondents, on or around 02nd September 2023 the In-house
counsel resigned from the services of Respondent No. 1. On account of
In-house counsel’s departure, the Respondents were left without in-house
counsel to handle the various litigations which were pending and struggled
to keep up all its legal affairs. While the Applicants/ Respondents took
steps to seek the services of a new in-house counsel. The Respondents
attempted to manage their legal affairs to the best of their abilities, however

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Comp. CC006000000251356
during this time it was difficult for Respondents to duly attend to all
matters, despite their best efforts.

3. ​ According to Respondents, it is pertinent to note that upon the resignation
of the said in­ house counsel, the only source of information regarding
various on-going legal affairs was the list of matters handed over by the
said in-house counsel. However, due to an inadvertent error by the said
in-house counsel, the present complaint remained to be included in the
handover list. Thereafter, it appears from the record that the present matter
was listed on 14th March 2024, but Respondents were absent. Thereafter, on
05th June 2024, the present matter was once again listed for hearing before
this authority, but Respondents were absent consequently for second time.
Considering the same, an ex-parte order was passed against Respondents.

4. ​ The Respondents were solely relied upon the list of matters prepared by the
said in-house counsel during the handover process and were completely
unaware of the listing of the present matter before this authority. It was only
on 13th August 2024, Respondents received notice of hearing intimating
them that present complaint would be listed for hearing on 26th August

2024. Accordingly, Respondents checked the MahaRERA website, upon
which the Respondents learnt of the impugned order directing that this
matter proceeded ex-parte.

5. ​ According to Respondents, delay in appearing before this authority was
purely unintentional and that the same has been caused inter alia due to the
abovementioned circumstances which were beyond the control of
Respondents, which was not due to any negligence on the part of
Respondents and which Respondents could not have avoided. The cause of
non-appearance on the date of hearings before this authority was in no
manner deliberate, intentional, or with a view to avoiding the due process.

6. ​ The other side has not filed a reply to the present application.

7. ​ Considering the submissions and reasons given by the Respondents in the
present application and also the fact that the present application is
unchallenged, and reply is not filed by the other side. In my opinion, it is

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Comp. CC006000000251356
just and necessary to allow Respondents Application to set aside an
ex-parte order by imposing cost payable to the Complainant. Considering
the principle of natural justice and to have fair trial, and to adjudicate
dispute between the parties on merits. The present application is allowed.
Hence, I proceed to pass the following order:

O R D E R

1. ​ The application is allowed. The ex-parte order passed against
Respondents on 5th June 2024 is hereby set aside subject to payment of
cost of Rs. 3,000/- (Rupees Three Thousand only) is payable to the
Complainant within 15 days of this order.

2. ​ On payment of above said cost of Rs. 3,000/- (Rupees Three Thousand
only), the reply uploaded by Respondents to be taken on record.


Ravindra Deshpande
Member-II, MahaRERA
Date : 27.02.2025

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RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by
RAVINDRA PADMAKARAO
DESHPANDE
Date: 2025.02.27 14:06:48
+05'30'