Case law, Tamil Nadu land law
M.A.No.172 of 2023 in Appeal (SR) No.13 of 2023
The Tamil Nadu Real Estate Appellate Tribunal issued M.A. No. 172 of 2023 in Appeal (SR) No. 13 of 2023 on 8 November 2023, recording a settlement between M/s. Casa Grande Engineering Private Limited, Nivrutha and Arun Raghuveeran. The Tribunal disposed of the delay application under the settlement, closed the appeal and directed how the deposited sum of Rs.14,66,124 and its accrued interest would be shared.
What the case concerned
M.A. No. 172 of 2023 in Appeal (SR) No. 13 of 2023 was decided by the Tamil Nadu Real Estate Appellate Tribunal for Tamil Nadu, Puducherry, Andaman and Nicobar Islands on 8 November 2023. M/s. Casa Grande Engineering Private Limited had applied to excuse a delay of 221 days in filing an appeal against the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority's order dated 7 December 2021 in CCP No. 154 of 2020.
The developer was the appellant. Nivrutha and Arun Raghuveeran were the respondents and complainants in the underlying proceedings.
Settlement recorded by the Tribunal
The Tamil Nadu Real Estate Appellate Tribunal recorded that the parties had settled the dispute outside court and signed a Joint Compromise Memo dated 2 November 2023. The compromise terms became part of the Tribunal's order.
Key financial terms were:
- The appellant had deposited Rs.14,66,124 with the Tribunal for the appeal.
- Rs.8,50,000 was to be withdrawn and paid to the respondents as full and final settlement of all claims.
- The remaining Rs.6,16,124 was to be withdrawn and refunded to the appellant.
- The appellant and respondents were each entitled to the proportionate accrued interest on the deposited amount.
Effect on the proceedings
M.A. No. 172 of 2023 was disposed of according to the Joint Compromise Memo. Appeal (SR) No. 13 of 2023 was consequently closed.
The Joint Compromise Memo also stated that execution proceedings in EP No. 02 of 2023, brought to enforce the order in CCP No. 154 of 2020, were settled. The respondents agreed not to pursue further proceedings in that execution matter.
Who is affected
The Tamil Nadu Real Estate Appellate Tribunal's decision directly affects M/s. Casa Grande Engineering Private Limited, Nivrutha and Arun Raghuveeran. The parties agreed that all issues, claims and disputes between them were fully settled, and that they retained no right to pursue further claims against one another concerning the matter.
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Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal decide the delayed appeal on its merits?
No merits decision is recorded. The Tribunal disposed of the delay application under the Joint Compromise Memo and closed the appeal because the parties had settled.
How was the Rs.14,66,124 deposit divided?
Rs.8,50,000 was to be paid to the respondents, and Rs.6,16,124 was to be refunded to the appellant.
Who receives the interest earned on the deposited amount?
The appellant and respondents are entitled to their proportionate shares of the accrued interest.
Can the respondents continue the execution proceedings in EP No. 02 of 2023?
The Joint Compromise Memo states that those execution proceedings were settled and that the respondents would not pursue them further.
