A.No.37 of 2022, M/s. Shanmugam Foundation Pvt. Ltd. v. Mangayarkarasi
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry and the Andaman and Nicobar Islands, issued its order in Appeal No.37 of 2022 on 16 November 2022. The Tribunal dismissed M/s. Shanmugam Foundation Private Limited's appeal at the admission stage because the related complaint had already been argued before the Tamil Nadu Real Estate Regulatory Authority and reserved for orders, and the disputed interim decision could be challenged later with the final decision if necessary.
What the case concerns
Appeal No.37 of 2022 arose from Complaint No.34 of 2021 before the Tamil Nadu Real Estate Regulatory Authority in Chennai. Mangayarkarasi had filed the complaint, and M/s. Shanmugam Foundation Private Limited was the respondent before the Regulatory Authority and the appellant before the Tamil Nadu Real Estate Appellate Tribunal.
The appeal was filed under section 44(1) of the Real Estate (Regulation and Development) Act, 2016. It challenged the Regulatory Authority's dismissal of an interim application seeking permission to file additional documents under Order VIII Rule 1-A(3) of the Code of Civil Procedure.
Procedural background
The Tamil Nadu Real Estate Regulatory Authority dismissed Interim Application No.182 of 2022 on 29 April 2022. An amended copy of that decision was issued to the appellant on 14 June 2022, and the appeal was filed on 11 July 2022.
The main complaint was subsequently argued before the Regulatory Authority in August 2022 and reserved for orders. As of 16 November 2022, the Regulatory Authority had not delivered its decision in the complaint.
Tribunal's decision
The Tamil Nadu Real Estate Appellate Tribunal dismissed Appeal No.37 of 2022 at the admission stage and made no order as to costs. Its key findings were:
- The appellant had already argued the main complaint before the Regulatory Authority.
- The decision on the interim application would merge with the eventual decision in Complaint No.34 of 2021.
- Deciding a separate appeal about the interim application would serve no purpose while the main complaint was reserved for orders.
- If the appellant did not succeed in the main complaint, it could raise the dismissal of the additional documents application as a ground in a later appeal against the final decision, if advised to do so.
Who may be affected
The ruling directly concerns M/s. Shanmugam Foundation Private Limited and Mangayarkarasi. It also shows that a party before the Tamil Nadu Real Estate Regulatory Authority may be required to wait for the final decision before challenging an interim refusal to accept additional documents. The Tribunal did not decide the merits of the underlying real estate complaint.
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Common questions
Did the Tribunal decide the main complaint between the parties?
No. The Tamil Nadu Real Estate Appellate Tribunal only considered the appeal concerning the dismissed application to file additional documents. The main complaint remained reserved for orders before the Tamil Nadu Real Estate Regulatory Authority.
Why was Appeal No.37 of 2022 dismissed?
The Tribunal found that the main complaint had already been argued and reserved for orders. It considered that the interim decision would merge with the final decision, so a separate ruling on the interim issue would serve no purpose.
Can the appellant raise the additional documents issue again?
Yes. If the appellant does not succeed in the main complaint, the Tribunal stated that the dismissal of the additional documents application could be raised as a ground in an appeal against the final decision, if the appellant is advised to appeal.
Did the Tribunal award costs?
No. Appeal No.37 of 2022 was dismissed at the admission stage with no costs.
