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Maha RERA Order Details
Order Details:
Interim Order - CC006000000397476
Order Type:
Interim Order
Order Date:
Date not available
Complaint No.:
Not available
RERA No.:
P51800012448
Project:
Project name not available
Complainant:
Mitesh Rajnikant Shah
Respondent:
JOY AND SAYLA REALTORS
Heard by/Member:
Manoj Saunik, Chairperson, MahaRERA
Subject:
Not available
Full extracted Order:
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BEFORE THE MAHARASHTRA
REAL ESTATE REGULATORY AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020
1. COMPLAINT NO. CC006000000397476
SUNIL VAZIRANI, AARTI VAZIRANI …COMPLAINANT/S
VS
1. JOY AND SAYLA REALTORS,
2. PARESH M. MENDPARA,
3. BHARAT K. VAGHASIYA,
4. LAVJIBHAI H. MENDPARA,
5. LIC HOUSING FINANCE LTD
…RESPONDENT/S
a/w
2. COMPLAINT NO. CC12400286
MITESH RAJNIKANT SHAH,
SHUBH MITESH SHAH
…COMPLAINANT/S
VS
JOY AND SAYLA REALTORS
…RESPONDENT/S
MAHARERA PROJECT REGISTRATION NO. P51800012448
INTERIM ORDER
July 11, 2025
(Last Date of hearing –02.07.2025 wherein the matters were reserved for order.)
Coram: Manoj Saunik, Chairperson, MahaRERA
Advocate Maulik K Tanna for the complainant at sr.no 1
Complainant at sr.no 2 is present in person
Advocate Aakash Yadav appeared for respondents at sr. nos. 1 and 2.
Advocate Akhil Sarathy for respondent at sr.no 5 in complaint at sr.no 1
1. The complainants sr. nos. 1 and 2 are home buyers/ allottees within the
meaning of section 2(d) of the Real Estate (Regulation and Development) Act,
2016 (hereinafter referred to as the “Act”) of Real Estate Regulatory Authority
(hereinafter referred to as the “RERA”) and the respondent no. 1 is the
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promoter/developer within the meaning of section 2(zk) of the Act. The
respondent no 1 has registered a project namely “CALLISTA” under section
5 of the Act bearing
MAHARERA project registration no. P51800012448
(hereinafter referred to as the “Project”). On the MahaRERA project
registration webpage the proposed completion date of the project is
mentioned as 30.06.2020, revised date of completion is mentioned as
30. 12.2021 and the extended date of completion is mentioned as 31.12.2024. It
is further observed that vide order dated 14.05.2025, Director (Compliances),
MahaRERA has kept the project in abeyance.
2. The complainants have sought following interim reliefs during hearing dated
02. 07.2025.
Sr
no
Complaint no
Relief
sought
1
CC006000000397476
(a)Pending the hearing and final disposal of the
present Complaint and further pending the
refund of the entire amount of Rs.10,00,000/-
(Rupees Ten Lakhs only) and further interest
thereon till payment and realization by the
Respondents abovenamed to the Complainant,
this Hon’ble Authority be pleased to pass an order
of temporary injunction thereby restraining the
Respondents abovenamed their servants, agents
and / or any other person/s claiming through them
jointly and / or severally from transferring,
selling, disposing of, alienating, encumbering or
creating any third party rights in respect of the
said 1BHK residential Flat No. 307 admeasuring
about 613 sq. ft. carpet area on the 3rd Floor in
the B Wing of the building viz. “Callista” being
constructed on land bearing CTS No. 81, Village
Gundavali, Azad Road, Near Triveni Sangam
SRA, Andheri (East), Mumbai – 400069;
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2
CC12400286
To safeguard the interest of the Complainants the
Respondent be directed not to create any third-
party rights in Flat No. 107 & 108 in “C” Wing
of the building and file an Undertaking with this
Authority to that effect and forthwith enter into
the Agreement for Sale for the agreed price
consideration of Rs.80,00,000/- for each flat.
3. Following roznama was recorded during the hearing dated 02.07.2025
“Respondent No. 1, i.e., Joy and Sayla Realtors, have filed their reply. Further,
respondent LIC Housing Finance Ltd. has requested an opportunity to file their
written reply. The matters are adjourned to 03.09.2025. All parties are directed
to complete their pleadings. Furthermore, all respondents are directed not to
create any third-party rights in the suit property.”
4. The authority passes following
INTERIM ORDER
in view of above roznama
dated 02.07.2025:
A. The respondents are hereby restrained from creating any third-party
rights, interests or encumbrances in respect of the flats referred to in
complaints at sr. nos. 1 and 2, until the final adjudication and disposal
of the proceedings.
B. The matters are adjourned for further hearing on 03.09.2025.
Manoj Saunik
Chairperson, MahaRERA
MANOJ
SAUNIK
Digitally signed by
MANOJ SAUNIK
Date: 2025.07.14
11:24:28 +05'30'
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