Appeal No.69 of 2023 and M.A.No.207 of 2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands), in Appeal No.69 of 2023 and M.A.No.207 of 2023 dated 1 November 2023, closed the appeal filed by M/s. Casa Grand Civil Engineering Private Limited against V. Lalitha and V. Ramakrishnan after recording an out of court settlement. The Compromise Memo dated 1 November 2023 forms part of the order, and the connected miscellaneous application was also closed.
What the proceeding concerned
Appeal No.69 of 2023 was filed by M/s. Casa Grand Civil Engineering Private Limited under Section 44 of the Real Estate (Regulation and Development) Act, 2016. The appellant asked the Tamil Nadu Real Estate Appellate Tribunal to set aside the order dated 22 June 2021 passed by the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority in C.C.P.No.26 of 2020.
The respondents were V. Lalitha and V. Ramakrishnan, who were the complainants in the earlier proceeding.
Tribunal's decision
The Tamil Nadu Real Estate Appellate Tribunal recorded statements from counsel for both sides that the dispute had been settled outside court. It took the Compromise Memo dated 1 November 2023 on record and ordered that:
- Appeal No.69 of 2023 stands closed.
- The terms of the Compromise Memo form part of the Tribunal's order.
- M.A.No.207 of 2023, the connected miscellaneous application, is also closed.
The final order records the compromise and closure of the appeal. It does not state that the Adjudicating Officer's earlier order was set aside.
Settlement terms recorded
The Compromise Memo states that the settlement was reached by mutual consent. Its principal terms are:
- The appellant had deposited Rs.1,83,260 by demand draft.
- The amount was agreed to be handed over to the respondents as full and final settlement of their claims.
- The amount covered interest, compensation and litigation expenses.
- The parties stated that they would not pursue further claims or issues against each other.
- The parties confirmed that they had no remaining claims or demands against each other on any ground.
The Compromise Memo also requested closure of the appeal and all proceedings relating to the execution petition. The Tribunal's operative order expressly closes the appeal and the connected miscellaneous application.
Who is affected
Appeal No.69 of 2023 directly concerns M/s. Casa Grand Civil Engineering Private Limited, V. Lalitha and V. Ramakrishnan. For a property buyer or professional reviewing the dispute, the key result is that the appeal ended through a recorded settlement rather than a decision on the merits of the challenge to the Adjudicating Officer's order.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
How much was agreed as the full and final settlement?
The Compromise Memo records Rs.1,83,260 as the full and final settlement amount. It states that this sum covered interest, compensation and litigation expenses.
Did the Tamil Nadu Real Estate Appellate Tribunal set aside the earlier TNRERA order?
The appeal sought to set aside the Adjudicating Officer's order dated 22 June 2021. The final order records the settlement and closes the appeal, but does not state that the earlier order was set aside.
Can either party raise more claims against the other?
The Compromise Memo states that the parties reserved no right, interest or liberty to pursue further claims or issues against each other and confirmed that no claims or demands remained.
Was the connected miscellaneous application also closed?
Yes. The Tamil Nadu Real Estate Appellate Tribunal expressly closed M.A.No.207 of 2023 along with Appeal No.69 of 2023.
