Appeal No. 24 of 2023, IVR Hotels & Resorts Ltd. v Mukhtar Parvez
The Tamil Nadu Real Estate Appellate Tribunal issued its order dated 13 September 2023 in Appeal No. 24 of 2023, recording a settlement between IVR Hotels & Resorts Limited and Mukhtar Parvez. The Tribunal permitted Mukhtar Parvez to withdraw the appellant's pre-deposit with accrued interest in full and final settlement, recorded his undertaking to withdraw the pending Execution Petition, and disposed of the appeal.
What the case was about
Appeal No. 24 of 2023 was filed by IVR Hotels & Resorts Limited against Mukhtar Parvez before the Tamil Nadu Real Estate Appellate Tribunal. The company had asked the Tribunal to set aside the order dated 12 January 2023 in C.C.P. No. 254 of 2021, passed by the Single Member of TNRERA.
The appeal had been reserved for orders on 11 September 2023. It was later placed in the additional list after counsel for IVR Hotels & Resorts Limited informed the Tribunal that the company was willing to comply with the challenged TNRERA order.
Settlement recorded by the Tribunal
The Tamil Nadu Real Estate Appellate Tribunal recorded the following positions of the parties:
- IVR Hotels & Resorts Limited agreed to comply with the order passed in C.C.P. No. 254 of 2021.
- Mukhtar Parvez agreed to receive the amount deposited by the company as the statutory pre-deposit credited to Appeal No. 24 of 2023.
- The company had no objection to Mukhtar Parvez withdrawing that amount.
- Mukhtar Parvez informed the Tribunal that an Execution Petition seeking enforcement of the earlier order was pending before the Single Member and Adjudicating Officer.
- As part of the settlement, Mukhtar Parvez undertook to withdraw the pending Execution Petition.
Tribunal's directions
The Tamil Nadu Real Estate Appellate Tribunal permitted Mukhtar Parvez to withdraw the full amount deposited by IVR Hotels & Resorts Limited to the credit of Appeal No. 24 of 2023, together with the accrued interest. The withdrawal was treated as full and final settlement of his claim.
The Tribunal also formally recorded Mukhtar Parvez's undertaking to withdraw the pending Execution Petition. After recording the parties' submissions and settlement, the Tribunal disposed of the appeal.
Who is affected
The outcome directly concerns IVR Hotels & Resorts Limited and Mukhtar Parvez. It confirms that the earlier TNRERA order will be complied with through release of the appellate pre-deposit and accrued interest, while the related enforcement proceeding is to be withdrawn. The order does not state a general rule for other property buyers, promoters or projects.
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Common questions
Did the Tribunal set aside the TNRERA order?
No. IVR Hotels & Resorts Limited agreed to comply with the order in C.C.P. No. 254 of 2021, and the appeal was disposed of after the settlement was recorded.
Who can withdraw the pre-deposit made in the appeal?
The Tamil Nadu Real Estate Appellate Tribunal permitted Mukhtar Parvez to withdraw the amount deposited by IVR Hotels & Resorts Limited, together with accrued interest.
Was the payment treated as a complete settlement?
Yes. The Tribunal permitted withdrawal of the deposited amount and accrued interest in full and final settlement of Mukhtar Parvez's claim.
What happens to the pending Execution Petition?
Mukhtar Parvez undertook to withdraw the Execution Petition pending before the Single Member and Adjudicating Officer, and the Tribunal recorded that undertaking.
