CC12401018

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI
Hearing held through Hybrid Mode

CORAM: Ravindra Deshpande, Member II, MahaRERA


COMPLAINT NO.: CC12401018

NNP BUILDCON PVT. LTD ... COMPLAINANT

Versus

1. NITIN KHANDU GITE

2. PNB HOUSING FINANCE LIMITED ... RESPONDENTS


MahaRERA Project Registration No. P52100019986




INTERIM ORDER


(20/05/2026)


(Date of hearing: 24.02.2026)

Coram: Shri. Ravindra Deshpande, Hon’ble Member – II /MahaRERA.

Advocate Reshma Joshi for the Complainant.
None present for Respondents.

1. The complainant has filed an amendment application seeking to incorporate an
additional prayer for the appointment of a fit and proper person to execute and
register a Deed of Cancellation, and for directions to the jurisdictional Sub-
Registrar to effect necessary entries in respect thereof.

2. The Complainant has further filed an Additional Amendment Application dated

29. 12.2025, seeking directions against Respondent No. 2 – PNB HOUSING
FINANCE LIMITED, to execute a Release Deed and remove its charge over the
subject unit/Flat, and further to restrain Respondent No. 2 from initiating or
continuing any coercive action under the SARFAESI Act, 2002, during the
pendency of the present complaint.


CC12401018

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3. The respondents were granted sufficient opportunity to upload their reply to the
Amendment Application; however, no reply has been uploaded by them.
Therefore, the present Amendment Application shall proceed further in the
absence of the respondents’ reply.

4. At this stage, it is pertinent to examine whether the proposed amendments are
necessary for determining the real controversy between the parties. It is a settled
principle of law that amendments which are necessary for effective adjudication
and which do not change the nature of the original proceedings ought to be
allowed.

5. Upon consideration, this Authority finds that the reliefs sought by way of
amendment are consequential and ancillary to the primary relief already sought
in the complaint. The proposed amendment does not introduce a new cause of
action but seeks effective adjudication of the dispute. Insofar as the amendment
seeking directions against Respondent No. 2 – PNB HOUSING FINANCE
LIMITED is concerned, this Authority, without going into the merits of the
matter at this stage, finds it appropriate to allow the said amendment, keeping
all rights and contentions of the parties open.

6. In view of the above, and in the interest of justice, equity, and fair trial, this
Authority is of the opinion that both the Amendment Applications deserve to be
allowed.

O R D E R

1. Both the Amendment applications filed by the complainant are allowed.

2. The Complainant is allowed to amend the complaint within the four corners
of the Application.


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3. The Complainant is directed to upload the amended complaint on the
MahaRERA website within 15 days from this order.


Date: 20.05.2026

Ravindra Deshpande
Member -II -MahaRERA

RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by
RAVINDRA PADMAKARAO
DESHPANDE
Date: 2026.05.29 16:27:29
+05'30'