Complaint No. CC006000000079332
/APPL/RS/2
and 2 other complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000079332
/APPL/RS/2
Mr. Vijay Appa Mestry


... Complainant/s

Versus

M/s. Arun Bhoomi Corporation, M/s. Jagruti Developers

... Respondent/s

2. Complaint No. CC006000000396004
/APPL/RV/1
Jojo Thekkeparambil


... Complainant/s

Versus

Arun Bhoomi Corporation, Jagruti Developers


... Respondent/s

3. Complaint No. CC12504236

Ashok Kumar Jaiswal,Sarita Ashok Jaiswal


... Complainant/s

Versus

M/s. Arun Bhoomi Corporation, Vijay Joshi (Partner)

... Respondent/s


MahaRERA Project Registration No. P51700011183


Coram: Shri. Mahesh Pathak, Hon’ble Member – I/ MahaRERA

None appeared for the complainant at sr. no. 1,
Ld. Adv. Parth Sarthye appeared for the applicant allottee ( original complainant) at sr.
no. 2,
Ld. Adv. Chandreshkumar Tiwari appeared for the complainants at sr. no. 3 (All Through
VC)
Ld. Adv. Anushka Sharma appeared for the respondent promoter viz M/s. Arun Bhoomi
Corporation (Through VC).

IINTERIM ORDER
(Order Pronounced on Wednesday, 18 March 2026)
(Matters reserved for orders on 22-12-2025)
(Hearing Through Hybrid Mode)

1. The complainants at sr. no. 1 had filed a restoration applications before the MahaRERA
on 05-11-2025 seeking restoration of the said complaint and the complainant at sr. no. 2


Complaint No. CC006000000079332
/APPL/RS/2
and 2 other complaints

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had filed review application on 04-12-2025 seeking review of the order dated 09-09—
2025 passed in the original complaint at sr. no. 2. The complainant at sr. no. 3 had filed
a complaint on 30-11-2025 mainly seeking directions from MahaRERA to the respondent
- promoter to execute a registered agreement for sale along with possession, interest and
compensation as prescribed under the provisions of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the booking of
their respective flats in the respondent’s registered project known as “KRISHNA
PRESTIGE” bearing MahaRERA registration No. P51700011183 located at Mira-
Bhayandar (M Corp.), Dist. Thane. (hereinafter referred to as the “said project”).

2. All these 3 matters were clubbed together the same being filed with respect to the said
project and were heard by MahaRERA on 22-12-2025 as per the Circular No. 49 dated
12-09-2025 issued by MahaRERA for hearing of complaints through Hybrid Mode. Both
the parties have been issued prior intimation of this hearing. On the said dates of
hearings, both the parties have appeared as per their appearances recorded in the
Roznamas and made their respective submissions. The MahaRERA heard the
submissions of both the parties and also perused the available record.

3. After hearing the arguments of both the parties, the following Roznama was recorded
in these complaints: -
On 22-12-2025
““First Hearing Matter”. The complainants/applicant ( as applicable) are present,
except the complainant at Sr. No. 5 (CC006000000079332/APPL/RS/2). The respondent
No. 1 (M/s. Arun Bhoomi Corporation), is present. The rest of the respondents are
absent. The complaint at Sr. No. 5 (CC006000000079332/APPL/RS/2) is in fact a
restoration application as per the order of the Authority dated 30-10-2023 in the NC
application filed by the said complainant. The said complaint is accordingly restored
as per the directions issued in para 10 of the said order. The matter at Sr. no. 6
(CC006000000396004/APPL/RV/1) is in fact a review application against the order of
the Authority dated 09-09-2025. The complainant at Sr. No. 7 (CC12504236) is a
similarly placed allottee as the complainants at Sr. Nos. 5 and 6 in the said project
registered by the respondent promoter viz M/s. Arun Bhoomi Corporation. In the
complaint (
Complaint No. CC006000000171721
), filed by the similarly placed allottee


Complaint No. CC006000000079332
/APPL/RS/2
and 2 other complaints

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viz Mr. Rajesh Balkrishna Chafekar and Anr , the Hon’ble Appellate Tribunal passed
an order on 24-06-2025 in Appeal No. AT006/ 53009 of 2021 dated 24-06-2025 and the
said order is under challenge before the Hon’ble Bombay High Court in Second Appeal
(St) No. 37162 of 2025. It is also relevant to mention that the review application at Sr.
No. 6 (CC006000000396004/APPL/RV/1) has been filed pursuant to the aforesaid order
of the Hon’ble Appellate Tribunal dated 24-06-2025. However, prima facie, since the
matter of similarly placed allottees is pending before the Hon’ble High Court, the
MahaRERA is not inclined to deal with these complaints/review application at this
stage, as the said Second Appeal has a bearing on these matters. In view of the above,
all the parties are directed to file their written submissions within a period of two
weeks, i.e., on or before 05-01-2026, on the issue of keeping these matters pending sine
die, as mentioned above. The matters are reserved for orders after 05-01-2026.”

4. Despite the aforesaid directions given by the MahaRERA, both the parties have not
uploaded any written submissions on the record of the MahaRERA. Hence, MahaRERA
has also perused the available records.

5. In the present case, on bare perusal of the available record, the following observations
are noteworthy:-
a) The application at Sr. No. 1 has been filed by the allottees (original complainants)
before MahaRERA on 05-11-2025, primarily seeking restoration of the original

Complaint No. CC006000000079332
filed by them for reliefs under Sections 13
and 18 of the RERA. The said complaint was heard and disposed of by the Ld.
Erstwhile Member-1, MahaRERA, vide a common order dated 05-12-2019,
whereby both parties were directed to file consent terms on record. However, as
both parties failed to arrive at mutually agreeable terms, the applicant-allottees
filed a Non-Compliance application before MahaRERA, which was also heard
and disposed of by the Ld. Adjudicating Officer, MahaRERA, wherein directions
were issued to the applicant-allottees to file an appropriate application before
MahaRERA. Accordingly, this Bench was pleased to pass an order dated 30-10-
2023, whereby the said original
Complaint No. CC006000000079332
was restored
for hearing on merits. Pursuant thereto, the applicant-allottees have filed the
present restoration application on record of MahaRERA.


Complaint No. CC006000000079332
/APPL/RS/2
and 2 other complaints

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b) The application at Sr. No. 2 is in fact a review application filed by the applicant
allottees ( original complainants), seeking review of the original order dated 9-
09-2025 passed by the MahaRERA vide which the said complaint was dismissed
for want of privity between the applicant allottees and the respondent promoter.
c) The complaint at Sr. No. 3 is a fresh complaint filed by the allottees seeking reliefs
under Sections 13 and 18 of the RERA towards execution of the registered
agreement for sale and also for possession of the said flat along with interest and
compensation.
d) All these 3 matters have been filed with respect to the said project registered by
the respondent promoter viz M/s. Arun Bhoomi Corporation, hence the same
were clubbed together and heard by MahaRERA on 22-12-2025.
e) However, during the course of hearing, on a bare perusal of the available record,
MahaRERA has noticed that the present matters arise out of the same project
registered by the respondent promoter ( M/s. Arun Bhoomi Corporation) and
involve similarly placed allottees. It is further noticed by MahaRERA that in

Complaint No. CC006000000171721
filed by similarly placed complainant-
allottee of the said project viz Mr. Rajesh Chaphekar , the Ld. Erstwhile Member-
1, MahaRERA was pleased to pass an order dated 11-12-2020, whereby the claims
raised by the said complainants under Sections 13 and 18 of the RERA were
rejected on the ground of privity of contract between the said complainant and
the respondent viz M/s. Arun Bhoomi Corporation.
f) However, being aggrieved by the said order dated 11-12-2020 passed by
MahaRERA,
the
said
complainant-allottees
preferred
Appeal
No.
AT006000000053009 before the Hon’ble Maharashtra Real Estate Appellate
Tribunal. In the said appeal, after hearing the submissions of all the parties
concerned, the Hon’ble Appellate Tribunal was pleased to pass an order dated
24-06-2025, whereby the aforesaid order dated 11-12-2020 passed by MahaRERA
was set aside.
g) However, being aggrieved by the said order dated 24-06-2025 passed by the
Hon’ble Appellate Tribunal, the respondent promoter, viz. M/s. Arun Bhoomi
Corporation, has filed Second Appeal No. 31 of 2026 before the Hon’ble Bombay
High Court. The record further shows that in the said Second Appeal, the


Complaint No. CC006000000079332
/APPL/RS/2
and 2 other complaints

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Hon’ble Bombay High Court, vide order dated 28-01-2026, has stayed the
operation and execution of the aforesaid order dated 24-06-2025 passed by the
Hon’ble Appellate Tribunal.
h) The MahaRERA has further noticed that the Hon’ble High Court, vide its order,
has framed substantial questions of law for consideration and has granted
interim relief by staying the execution and operation of the impugned order
passed by the Hon’ble Appellate Tribunal, subject to conditions.
i) In view of the above, it is amply clear that the issues involved in the present
matters are directly and substantially connected with the issues pending
consideration before the Hon’ble High Court. Hence, the outcome of the said
Second Appeal will have a direct bearing on the adjudication of the present
complaints/applications.
j) Therefore, MahaRERA is of the considered view that proceeding with the present
matters at this stage may lead to conflicting decisions and would not be in the
interest of justice. hence, MahaRERA feels it appropriate to defer the adjudication
of the present matters till the final disposal of the aforesaid Second Appeal by the
Hon’ble High Court. Needless to state that, despite the directions issued by
MahaRERA during the hearing held on 22-12-2025, the applicants/complainants
have failed to place on record any cogent documentary proofs to show that the
present matters are distinct from the matter pending before the Hon’ble Bombay
High Court.

6. In view of these observations, the present applications/complaint are hereby adjourned
sine die till the final disposal of Second Appeal No. 31 of 2026 pending before the
Hon’ble High Court of Judicature at Bombay. However, liberty is granted to the parties
to apply for revival of the present matters after the final outcome of the aforesaid Second
Appeal.


(Mahesh Pathak)
Member – 1/MahaRERA
MAHESH
DINKAR
PATHAK
Digitally signed
by MAHESH
DINKAR PATHAK
Date: 2026.03.18
17:46:30 +05'30'