M.A.No.91 of 2023 in Appeal (SR) No.347 of 2023

What the case concerned

The Tamil Nadu Real Estate Appellate Tribunal considered an application by Grace Gated Community LLP and Casa Grande Civil Engineering Private Limited seeking condonation of a 295 day delay in filing an appeal. The proposed appeal challenged the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority's order dated 10 December 2021 in CCP Number 149 of 2020.

The dispute related to K. Sasikala's withdrawal from the Casa Grand Smart Town project at Thalambur Village. It concerned apartment D402, an agreement for sale of 364 square feet of undivided share of land, and a construction agreement, both dated 7 April 2018.

Settlement recorded by the Tribunal

The parties informed the Tamil Nadu Real Estate Appellate Tribunal that they had settled outside court and signed a Joint Memorandum of Compromise dated 2 November 2023. The Tribunal took that memorandum on record and made its terms part of the order.

Key financial terms were:

• The appellants had deposited Rs.39,08,696 before the Tribunal.
• Rs.36,00,000 was to be paid to K. Sasikala as full and final settlement of all claims.
• The remaining Rs.3,08,696 was to be refunded to the appellants.
• Each side was entitled to proportionate accrued interest on the deposited amount.

Effect on the property and agreements

The Joint Memorandum of Compromise records the following property consequences:

• The allotment of apartment D402 was cancelled by mutual agreement.
• The agreement for sale of 364 square feet of undivided share and the construction agreement were cancelled.
• The settlement terms were treated as sufficient for cancellation, without further execution or registration of documents. K. Sasikala agreed to cooperate if any further act or document became necessary.
• The appellants became entitled to sell the 364 square feet undivided share and allot apartment D402 to another person, without further consent or documents from K. Sasikala.
• K. Sasikala agreed not to continue the execution proceedings in EP Number 14 of 2022 arising from CCP Number 149 of 2020.

Result and who is affected

Miscellaneous Application Number 91 of 2023 was disposed of according to the compromise, and Appeal (SR) Number 347 of 2023 was closed. The decision directly governs the named developers and K. Sasikala, including their claims concerning apartment D402 and its associated undivided share.