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COMPLAINT NO. CC12500449
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BEFORE THE MAHARASHTRA
REAL ESTATE REGULATORY AUTHORITY, MUMBAI
Hybrid hearing held through video conference as per
MahaRERA Circular No.: 49/2025

1. ​
COMPLAINT NO. CC12500449

1​ SUMUKH KALE
2​ MRS. VRISHALI
KALE …COMPLAINANTS
A./W.

2. COMPLAINT NO.: CC12500462

1. DINESH VASANT PATIL​

2. MR. VASANT SHANKAR
PATIL ​
…COMPLAINANTS
A./W.

3. ​
COMPLAINT NO.: CC12500463

PRIYA YUVRAJ MORE,
MR YUVRAJ MORE …COMPLAINANTS
A./W.

4. COMPLAINT NO.: CC12500472

SHILPI VAISH,MR ANKIT VAISH …COMPLAINANTS
A./W.

5. COMPLAINT NO.: CC12500475

Sheetal Atul Jagtap, Atul Suresh Jagtap …COMPLAINANTS
A./W.

6. COMPLAINT NO.: CC12500484

VIKAS JAYSING MENGADE …COMPLAINANT
A./W.

7. COMPLAINT NO.: CC1250051
7
SHALINI ASHOK GHOGARE,
Vishal Chandrakant Chandgude,
Vishal Ashok Ghogare …COMPLAINANTS

A./W.

8. COMPLAINT NO.: CC1250052
6
RAHUL RAVINDRA KHANWELKAR …COMPLAINANT

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COMPLAINT NO. CC12500449
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A./W.

9. COMPLAINT NO.: CC12500563

RAHUL ASHOK BHANGALE,
RAHUL ASHOK BHANGALE …COMPLAINANTS
A./W.

10. COMPLAINT NO.: CC1250056
4
SANGITA VILAS YADAV …COMPLAINANT
A./W.

11. COMPLAINT NO.: CC1250056
6
PRAKASH KAILASH AGARWAL,
MR. RAKESH AGARWAL,
MR. SHIV KUMAR AGARWAL …COMPLAINANTS
A./W.

12. COMPLAINT NO.: CC1250059
1
JAYA NARENDRA KATARIYA,
MR YASH NARENDRA KATARIYA COMPLAINANTS
A./W.

13. COMPLAINT NO.: CC1250060
2
SUYOG SIDRAM GHODAKE,
MRS. ARCHANA SUYOG GHODAKE COMPLAINANTS
A./W.

14. COMPLAINT NO.: CC1250060
8
SAMBHAJI NILKANTHRAO JADHAV,
MRS. UJWALA VIVEK BHOSALE …COMPLAINANTS
A./W.

15. COMPLAINT NO.: CC1250066
6
KULDEEP BHAGWANT JOSHI,
MRS ANUJA GIRISH JOSHI …COMPLAINANTS
A./W.

16. COMPLAINT NO.: CC1250067
3
SANDEEP SHANTARAM MENGADE,
MRS SARIKA SANDEEP MENGADE COMPLAINANTS
A./W.

17. COMPLAINT NO.: CC1250070
9

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COMPLAINT NO. CC12500449
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ANIL BABASAHEB JADHAV …COMPLAINANT
A./W.

18. COMPLAINT NO.: CC1250090
8
SHANTARAM TULSHIRAM BACHHAO …COMPLAINANT
A./W.

19. COMPLAINT NO.: CC1250093
7
PRAJAKTA RAJEEV BACHHAO …COMPLAINANT
A./W.

20. COMPLAINT NO.: CC1250095
1
TUSHAR SURESH SANGORE,
SUREKHA SURESH DHANGAR …COMPLAINANT
A./W.

21. COMPLAINT NO.: CC1250096
3
YOGITA RAKESH PATIL …COMPLAINANT
A./W.

22. COMPLAINT NO.: CC1250102
5
SANGEETA ASHOK PATIL,
MR ASHOK BHAGWAT PATIL COMPLAINANTS
A./W.

23. COMPLAINT NO.: CC1250172
9
DATTATRAYA VITTHAL SHIVALEKAR,
MR SHRIKANT DATTATRAYA SHIVLEKAR …COMPLAINANTS
A./W.

24. COMPLAINT NO.: CC1250173
8
SNEHA NANDANWAR,
MRS. GEETA DATTATRAYA SHIVALEKAR …COMPLAINANTS
A./W.

25. COMPLAINT NO.: CC1250232
3
SMITA RAHUL SONAR,
MR. RAHUL RAMESH SONAR …COMPLAINANTS
VS

1. ​ MONT VERT ASSOCIATES

2. ​ MR. JAYANT KANERIA (PROMOTER)

3. ​ MR DHIRAJLAL HANSALIA (PROMOTER)

4. ​ MR SANJAY KALATE (PROMOTER)

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COMPLAINT NO. CC12500449
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5. ​ MR MOHAN PANDURANG KALATE

6. ​ MR MAYUR PANDURANG
KALATE RESPONDENTS/
APPLICANTS


MAHARERA PROJECT REGISTRATION NO. P52100019802


INTERIM ORDER

12. 03.2026
(Date of hearing – 30.12.2025)


Coram: Shri. Ravindra Deshpande, Member-II, MahaRERA

Adv. Amruta Salunke for the Complainant
Adv. Sonal Modi for respondent no. 4
Respondent nos. 1 to 3 and 5 and 6 absent

1. ​ The Respondent no. 2 has filed a miscellaneous application with
respect to deletion of the respondent no. 2 thereby declaring that
respondent no. 2 is not a necessary party to the complaint filed by
the complainant and to dismiss the present complaint for misjoinder
of party.

2. ​ It is the contention of the respondent no. 2/ applicant that under
Section 31 of the Real Estate (Regulation and Development) Act,
2016, a complaint may be maintained by an allottee only against the
promoter. In the present case, it is an admitted position that
Respondent No. 1 is the promoter and Respondent no. 2 was a
partner in the firm. Respondent No. 2 cannot, by any stretch of
interpretation, be regarded as a promoter and therefore cannot be
impleaded as a party to a complaint under Section 31 of the Act.
Accordingly, on this ground alone, the name of Respondent No. 2
deserves to be deleted from the present complaint.

3. ​ It is submitted by the respondent no. 2/ applicant that the
Complainants themselves have pleaded the existence of Special Civil

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COMPLAINT NO. CC12500449
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Suit No. 2182/2022 in paragraph ‘m’ of the Complaint. In the said
suit, consent terms have been filed on record pursuant to which
Respondent No. 2 has retired from the partnership firm of
Respondent No. 1. Thus, on the date of filing of the present
complaint, Respondent No. 2 was neither a partner nor concerned
with the day-to-day affairs of Respondent No. 1. In view thereof, the
presence of Respondent No. 2 is neither necessary nor proper for the
adjudication of the present complaint and no prejudice would be
caused if his name is deleted. Accordingly, the name of Respondent
No. 2 deserves to be deleted from the present complaint.

4. ​ The complainants have uploaded their reply and stated therein that
the application filed by Respondent No. 2 seeking deletion from the
present Complaint is untenable, as no material or documentary
evidence has been produced to justify such deletion. The
Complainants states that Respondent No. 2 has been rightly
impleaded as a party to the present Complaint, as he was a
signatory to the Agreement for Sale dated 04/01/2020, registered
with the Sub-Registrar Class II, Haveli, Pune, and was also a partner
in the partnership firm at the time of execution of the said
agreement. Respondent No. 2 had actively participated in and
influenced the transactions pertaining to the project. It is further
submitted that Respondent No. 2 has made reference to Special Civil
Suit No. 2182/2022 and the alleged filing of consent terms therein.
However, the Complainants has no knowledge of the same. The
Respondents ought therefore to be directed to place on record
complete particulars and certified copies of all documents relating to
the said suit, including the alleged consent terms.

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COMPLAINT NO. CC12500449
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5. ​ It is submitted by the complainants that Respondent No. 2 is a
partner in the registered partnership firm along with the other
Respondents in respect of the said project and is therefore jointly
and severally liable for all acts, liabilities, and obligations of the
partnership.

6. ​ The Authority has carefully considered the submissions made by the
Respondent No. 2/Applicant in the miscellaneous application, the
reply filed by the complainants, and the material available on
record. Respondent No. 2 has contended that the complaint under
Section 31 of the Act can be maintained only against the promoter
and that he has retired from the partnership firm of Respondent No.
1 pursuant to consent terms filed in Special Civil Suit No. 2182/2022.
The Respondent No. 2/Applicant has not placed on record any
supporting document in relation to the alleged consent terms.

7. ​ However, the complainants have submitted that Respondent No. 2
was a partner of Respondent No. 1 at the time of execution of the
Agreement for Sale dated 04/01/2020 and was also a signatory to
the said agreement. The Authority notes that the Agreement for Sale
forming the basis of the present complaint was executed when
Respondent No. 2 was admittedly associated with the partnership
firm. The alleged subsequent retirement of Respondent No. 2 is an
internal arrangement between the partners. The contention of
Respondent no. 2 from the present application will be considered at
the time of the final hearing by keeping it open. Hence, in my
opinion and considering the facts that at the time of execution of
Agreement for Sale in the year 2020, the respondent no. 2 was
partner of the respondent no. 1 and the signatory of Agreement for

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COMPLAINT NO. CC12500449
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Sale. Hence, the present application deserves to be rejected. Hence, I
pass the following order -

O R D E R

1. ​ The miscellaneous application filed by Respondent No. 2 seeking
deletion of his name from the present complaint is rejected.


(Ravindra Deshpande)
Date: 12.03.2026​​
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Member-II, MahaRERA

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RAVINDRA
PADMAKARA
O DESHPANDE
Digitally signed by
RAVINDRA PADMAKARAO
DESHPANDE
Date: 2026.03.12 14:04:46
+05'30'