Case law, Tamil Nadu land law
A.No.38 of 2022, M/s. Shanmugam Foundation Pvt. Ltd. Vs R. Kokilam
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry and the Andaman and Nicobar Islands, issued its order in Appeal No. 38 of 2022 on 16 November 2022. The Tribunal dismissed M/s. Shanmugam Foundation Private Limited's appeal at the admission stage because the Tamil Nadu Real Estate Regulatory Authority had already heard the main complaint and reserved it for orders, but allowed the issue concerning additional documents to be raised in a later appeal if the company did not succeed in the complaint.
What the appeal concerned
Appeal No. 38 of 2022 arose from Complaint No. 35 of 2021 before the Tamil Nadu Real Estate Regulatory Authority in Chennai. R. Kokilam 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 company filed the appeal under section 44(1) of the Real Estate (Regulation and Development) Act, 2016. It challenged the 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 the application to file additional documents on 29 April 2022. An amended copy of that order was issued to the company on 14 June 2022.
Key events recorded by the Tamil Nadu Real Estate Appellate Tribunal were:
- The company filed its appeal on 11 July 2022.
- The Regulatory Authority amended a mistake in the cause title on 19 July 2022.
- The company argued the main complaint before the Regulatory Authority in August 2022.
- The Regulatory Authority reserved the complaint for orders and had not issued its decision by 16 November 2022.
Tribunal's decision
The Tamil Nadu Real Estate Appellate Tribunal found that there was no purpose in separately deciding the challenge to the interim application after the main complaint had already been argued and reserved for orders. It stated that the interim decision would merge with the final order to be passed in Complaint No. 35 of 2021.
The Tribunal therefore:
- declined to entertain Appeal No. 38 of 2022;
- dismissed the appeal at the admission stage; and
- made no order as to costs.
Effect on the parties
The dismissal did not prevent M/s. Shanmugam Foundation Private Limited from raising the dismissal of its additional-document application later. If the company did not succeed in Complaint No. 35 of 2021, it could raise that issue as a ground in an appeal challenging the Regulatory Authority's final order, if advised to do so.
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Common questions
Did the Tribunal decide whether the additional documents should be accepted?
No. The Tamil Nadu Real Estate Appellate Tribunal declined to decide that issue separately because the main complaint had already been argued and reserved for orders.
Can M/s. Shanmugam Foundation Private Limited raise the document issue again?
Yes. If the company does not succeed in Complaint No. 35 of 2021, it may raise the dismissal of the additional-document application as a ground in an appeal against the final order, if advised.
Was Appeal No. 38 of 2022 dismissed after a full hearing on its merits?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed the appeal at the admission stage because the Regulatory Authority had reserved the main complaint for orders.
Did the Tribunal award costs to either party?
No. The order states that there were no costs.
