Appeal No. 61 of 2019, M/s. Eco Bay Developers and Builders Private Limited v. K. Saravana Easwaran
The Tamil Nadu Real Estate Appellate Tribunal issued its order in Appeal No. 61 of 2019 on 30 September 2019, permitting M/s. Eco Bay Developers and Builders Private Limited to withdraw its appeal against an Adjudicating Officer's order. The appeal was withdrawn because the appellant stated that it could not deposit even the minimum 30 per cent amount and wanted liberty to seek additional time for payment from the Adjudicating Officer.
What the tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry and the Andaman and Nicobar Islands, decided Appeal No. 61 of 2019 on 30 September 2019. The tribunal permitted M/s. Eco Bay Developers and Builders Private Limited to withdraw its appeal against K. Saravana Easwaran and recorded the withdrawal endorsement made in the original appeal. It made no order as to costs.
The matter was heard by Chairperson Mr. Justice B. Rajendran, Judicial Member Mr. N. Balasubramanian and Administrative Member Ms. Leena Nair.
Background to the appeal
Appeal No. 61 of 2019 challenged an order passed by the Adjudicating Officer on 24 July 2019 in CCP No. 64 of 2019. M/s. Eco Bay Developers and Builders Private Limited sought to have that Adjudicating Officer's order set aside.
The appeal had been filed under section 44(1) of the Tamil Nadu Real Estate (Regulation and Development) Act, 2016. The source does not describe the underlying property dispute or state what payment had been directed by the Adjudicating Officer.
Why the appeal was withdrawn
At the hearing on 30 September 2019, counsel for M/s. Eco Bay Developers and Builders Private Limited presented a petition seeking waiver of the deposit amount. Counsel stated that the appellant was unable to deposit even the minimum 30 per cent amount.
The appellant therefore asked to withdraw the appeal, while seeking liberty to approach the Adjudicating Officer for an extension of time to make payment. The tribunal recorded counsel's submission and the appellant's written endorsement withdrawing the appeal.
Who may be affected
The immediate parties affected are:
- M/s. Eco Bay Developers and Builders Private Limited, the appellant.
- K. Saravana Easwaran, the respondent.
For property buyers, developers and professionals, the decision shows only the procedural outcome of this particular appeal. The tribunal did not set aside the Adjudicating Officer's order, decide the underlying dispute, waive the deposit, or itself grant additional time for payment. It permitted withdrawal so that the appellant could approach the Adjudicating Officer seeking an extension.
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Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal cancel the Adjudicating Officer's order?
No. Appeal No. 61 of 2019 was withdrawn, and the tribunal did not set aside the Adjudicating Officer's order dated 24 July 2019.
Why did the developer withdraw the appeal?
Counsel stated that M/s. Eco Bay Developers and Builders Private Limited could not deposit even the minimum 30 per cent amount. The developer wanted to approach the Adjudicating Officer for an extension of time for payment.
Did the tribunal waive the required deposit?
No. Although a waiver petition was presented, the recorded outcome was permission to withdraw the appeal.
Did the tribunal award legal costs to either party?
No. The tribunal recorded that there would be no costs.
