Case law, Tamil Nadu land law
Common Order in M.A. (SR) Nos. 990, 991, 994 and 995 of 2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands), in its Common Order dated 6 October 2023 in M.A. (SR) Nos. 990, 991, 994 and 995 of 2023, rejected applications by M/s. RGE Constructions and Development Private Limited and its authorised signatory seeking to recall decisions in Appeal Nos. 18 and 19 of 2023. The Tribunal found that the applicants had received notices but did not appear, and that the Real Estate (Regulation and Development) Act, 2016 contained no specific provision allowing them to seek recall of an order passed on merits.
What the Common Order decides
The Tamil Nadu Real Estate Appellate Tribunal issued the Common Order dated 6 October 2023 in M.A. (SR) Nos. 990, 991, 994 and 995 of 2023. It rejected all four applications filed by M/s. RGE Constructions and Development Private Limited and Niranjana Ramakrishnan, its authorised signatory.
The applications concerned Appeal Nos. 18 and 19 of 2023, which challenged orders dated 13 February 2023 in C.C.P. Nos. 62 and 63 of 2020 before the Single Member of the Tamil Nadu Real Estate Regulatory Authority.
Background
The Tribunal recorded the following sequence:
- Notices in Appeal Nos. 18 and 19 of 2023 were sent through the Tribunal Registry and were duly served on the applicants.
- Private notices taken by the appellants were also duly served.
- The matters were adjourned to give the applicants another opportunity to appear.
- No one appeared for the applicants when the matters were listed on 21 July 2023.
- After hearing the appellants and considering the record, the Tribunal allowed both appeals on 31 July 2023 and directed the applicants to refund the amounts paid by the appellants.
Applications for delay and recall
M.A. (SR) Nos. 990 and 994 of 2023 sought condonation of a delay of 14 days in filing recall applications. M.A. (SR) Nos. 991 and 995 of 2023 sought recall of the decisions dated 31 July 2023 and permission for the company to defend Appeal Nos. 18 and 19 of 2023 on merits.
The applicants filed these applications on 13 September 2023. Their supporting affidavit acknowledged receipt of both the Tribunal notices and the private notices.
Tribunal's reasons and effect
The Tamil Nadu Real Estate Appellate Tribunal found that the applicants had remained silent and failed to appear despite receiving both forms of notice. It also stated that the Real Estate (Regulation and Development) Act, 2016 provides no specific provision for an application to recall an order passed on merits.
The Tribunal therefore found no ground to entertain the applications and rejected them. As a result, the decisions dated 31 July 2023 were not recalled, including the directions requiring the applicants to refund the amounts paid by the appellants.
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Common questions
Did the Tribunal allow the company to reopen Appeal Nos. 18 and 19 of 2023?
No. The Tamil Nadu Real Estate Appellate Tribunal rejected the applications seeking recall and permission for the company to defend the appeals on merits.
Why did the applicants say they had not appeared earlier?
The Common Order does not provide an explanation for their absence. It records that the applicants admitted receiving both the Tribunal notices and private notices but remained silent and did not appear.
What happened to the refund directions dated 31 July 2023?
The refund directions were not recalled. The Tribunal rejected the applications challenging the decisions that directed the applicants to refund the amounts paid by the appellants.
Did the Tribunal condone the 14 day delay?
No. The Tribunal rejected all four applications after finding no ground to entertain them.
