M.A.No.211 of 2023 in Appeal (SR) No.550 of 2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) issued M.A.No.211 of 2023 in Appeal (SR) No.550 of 2023 on 8 January 2024, recording a compromise between M/s. Casa Grande Civil Engineering Private Limited and Kiren Khanna. The Tribunal disposed of the delay application and appeal under the settlement, including payment of Rs.15,20,103 to Kiren Khanna, release of Rs.10,13,402 to the company, and settlement of the related execution proceedings.
What the case concerned
M.A.No.211 of 2023 in Appeal (SR) No.550 of 2023 arose from a complaint involving M/s. Casa Grande Civil Engineering Private Limited and Kiren Khanna. The company sought to appeal against the common order dated 20 June 2022 in C.C.P.No.220 of 2021, passed by the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority.
The miscellaneous application was filed under Section 44(2) of the Real Estate (Regulation and Development) Act, 2016, seeking condonation of a 196 day delay in filing the appeal. The appeal was filed under Section 44 to set aside the Adjudicating Officer's common order.
Tribunal's decision
The Tamil Nadu Real Estate Appellate Tribunal recorded that both parties had settled the dispute outside court and signed a Joint Memorandum of Compromise dated 8 January 2024. The compromise was also signed by their respective lawyers.
The Tribunal accepted the compromise and disposed of both:
- M.A.No.211 of 2023 in Appeal (SR) No.550 of 2023.
- Appeal (SR) No.550 of 2023.
The compromise terms form part of the Tribunal's decision.
Financial settlement
The Joint Memorandum of Compromise states that M/s. Casa Grande Civil Engineering Private Limited had deposited Rs.25,33,505 towards the appeal. The parties agreed that:
- Rs.15,20,103 would be withdrawn and paid to Kiren Khanna as full and final settlement of all claims.
- The remaining Rs.10,13,402 would be withdrawn and released to M/s. Casa Grande Civil Engineering Private Limited.
- All issues, claims and disputes between the parties would be treated as settled.
Related execution proceedings
The Joint Memorandum of Compromise also settles E.P.No.05 of 2023, which Kiren Khanna had started to enforce the order in C.C.P.No.220 of 2021. Kiren Khanna agreed not to pursue further proceedings in that execution petition.
The parties stated that they retained no right or liberty to raise further claims against each other. The decision directly concerns the named company and complainant. It does not set out a general rule for other property buyers, promoters or projects.
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Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal decide the original dispute on its merits?
No merits determination is recorded in the supplied text. The Tribunal disposed of the delay application and appeal after accepting the parties' Joint Memorandum of Compromise.
How was the deposited amount divided between the parties?
The compromise provides for Rs.15,20,103 to be paid to Kiren Khanna and Rs.10,13,402 to be released to M/s. Casa Grande Civil Engineering Private Limited.
Can Kiren Khanna continue the execution proceedings in E.P.No.05 of 2023?
The compromise states that E.P.No.05 of 2023 is settled and that Kiren Khanna will not pursue further proceedings in it.
Does this decision create a general requirement for other Tamil Nadu property buyers or promoters?
The supplied text records a settlement between M/s. Casa Grande Civil Engineering Private Limited and Kiren Khanna. It does not state any general requirement for other buyers, promoters or projects.
