Case law, Tamil Nadu land law
Review Petition No.1/2023 in M.A.No.184/2021 in A.No.133/2021
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) issued its order in Review Petition No.1/2023 in M.A.No.184/2021 in A.No.133/2021 on 8 March 2023. The Tribunal dismissed the review petition as withdrawn after M/s. Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd. reported that the parties had settled the matter out of court, and it closed any connected miscellaneous applications that remained pending.
What the case was about
Review Petition No.1/2023 was filed by M/s. Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., represented by its Deputy General Manager, Marketing, S. Vijayaraghavan, against Sridhar Punniamurthi. The company asked the Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) to review the Tribunal's order dated 6 December 2021 in M.A.No.184/2021 in A.No.133/2021.
The review petition was filed under Section 53(4)(e) of the Real Estate (Regulation and Development) Act 2016. It was taken on file on 16 February 2023.
What the Tribunal decided
When Review Petition No.1/2023 came up for hearing, counsel for the review petitioner requested permission to withdraw it. Counsel stated that the parties had settled the matter out of court and made an endorsement recording that position.
The Tamil Nadu Real Estate Appellate Tribunal consequently made the following directions:
- Review Petition No.1/2023 was dismissed as withdrawn.
- Any connected miscellaneous applications that were still pending were closed.
- The order was pronounced in open court on 8 March 2023.
The Tribunal did not record a decision on the merits of the requested review. The stated reason for ending the proceeding was the out of court settlement and the review petitioner's request to withdraw.
Who is affected
The order directly concerns M/s. Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd. and Sridhar Punniamurthi, the parties named in the review proceeding. It records the procedural conclusion of their review petition before the Tribunal.
A property buyer, owner or professional checking this case should note that the document does not set out the terms of the parties' settlement. It also does not reproduce the substance of the earlier order dated 6 December 2021. Its operative effect is limited to dismissing the review petition as withdrawn and closing connected pending miscellaneous applications.
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Common questions
Did the Tribunal allow the review requested by Pacifica?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed Review Petition No.1/2023 as withdrawn after Pacifica's counsel said that the parties had settled out of court.
Does the order disclose the terms of the out of court settlement?
No. The order only records that the parties had settled the matter out of court and does not provide the settlement terms.
What happened to connected miscellaneous applications?
The Tamil Nadu Real Estate Appellate Tribunal closed any connected miscellaneous applications that were pending.
Which earlier decision was Pacifica asking the Tribunal to review?
Pacifica sought review of the Tribunal's order dated 6 December 2021 in M.A.No.184/2021 in A.No.133/2021.
