Appeal No. 12 of 2024 and M.A.No. 12 of 2024
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) issued its order in Appeal No. 12 of 2024 and M.A. No. 12 of 2024 on 28 February 2024, disposing of M/s. Casa Grande Homes Private Limited's appeal against Roohi Adeni and M. Javid Adeni based on their Joint Memorandum of Compromise. If the compromise conditions are not followed, the respondents may execute the compromise as though it forms part of the record.
What the case concerns
The Tamil Nadu Real Estate Appellate Tribunal considered an appeal filed by M/s. Casa Grande Homes Private Limited, represented by its authorised signatory Y. Mohan Raj, against Roohi Adeni and M. Javid Adeni. The appeal was filed under Section 44 of the Real Estate (Regulation and Development) Act, 2016.
The appellant sought to set aside the order dated 6 June 2022 in C.C.P. No. 159 of 2021, passed by the Adjudicating Officer, TNRERA.
Settlement placed before the Tribunal
The parties informed the Tamil Nadu Real Estate Appellate Tribunal that they had settled the dispute outside court and entered into a Joint Memorandum of Compromise dated 28 February 2024.
Key facts recorded by the Tribunal include:
- Roohi Adeni was residing in Dubai and was unable to sign the Joint Memorandum of Compromise.
- M. Javid Adeni, her father and the second respondent, signed it on her behalf and acknowledged its execution before the Tribunal.
- The respondents' counsel also signed the compromise and confirmed that Roohi Adeni had instructed her that she agreed to the settlement.
- The Tribunal took the Joint Memorandum of Compromise on record.
Tribunal's decision
The appellant's counsel asked that the compromise terms should not be made part of the published order because the builder was facing various litigations and the terms could otherwise be uploaded to the website. The respondents' counsel asked the Tribunal to protect the respondents' interests.
The Tamil Nadu Real Estate Appellate Tribunal therefore ordered that:
- Appeal No. 12 of 2024 was disposed of according to the Joint Memorandum of Compromise dated 28 February 2024.
- If any condition in the compromise is not complied with, the respondents may execute it as though it forms part of the record.
- The parties may withdraw the amount stated in the compromise, together with proportionate accrued interest.
- M.A. No. 12 of 2024 was closed.
Who is affected
The decision directly concerns M/s. Casa Grande Homes Private Limited, Roohi Adeni and M. Javid Adeni. The published order does not state the detailed settlement conditions or the amount available for withdrawal, so those details must be checked in the Joint Memorandum of Compromise.
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Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal decide the original dispute on its merits?
The order records that the parties settled outside court. The appeal was disposed of according to their Joint Memorandum of Compromise dated 28 February 2024.
What can the respondents do if Casa Grande does not follow the settlement?
If any compromise condition is not complied with, the respondents may execute the Joint Memorandum of Compromise as though it forms part of the record.
Does the published order disclose the settlement amount and conditions?
No. The order refers to the Joint Memorandum of Compromise but does not reproduce its detailed terms or amount.
Can the parties withdraw money deposited in the matter?
Yes. The Tribunal stated that the parties may withdraw the amount specified in the Joint Memorandum of Compromise, together with proportionate accrued interest.
