Disputes Over Property Transaction Examining Jurisdiction, Admissions, and Legal Implications Under CPC and RERA


Summary of Judgement

Disputes over a property transaction. It examines arguments made by both parties concerning jurisdiction, admissions, and the application of legal provisions like Order 12 Rule 6 of the Civil Procedure Code (CPC) and Section 79 of the Real Estate (Regulation and Development) Act (RERA). The appellate court's decision hinges on whether certain statements constituted binding admissions and whether the court had jurisdiction to entertain the suit.

  1. Introduction and Context

    • Jurisdiction under Section 79 of RERA
    • Arguments on the nature of the suit and jurisdictional implications
  2. Legal Principles and Case Law

    • Explanation of Order 12 Rule 6 of CPC allowing judgments on admission
    • Supreme Court judgments (Karan Kapoor, Himani Alloys, S.M. Asif, Satish Chandera Ahuja) on appropriate scenarios for judgments on admission
  3. Specific Admissions Considered

    • Analysis of admissions in documents like the Letter of Allotment and court orders
    • Determination of whether admissions were clear and binding
  4. Jurisdictional Challenge and Limitation

    • Discussion on Section 79 of RERA barring civil courts from certain matters
    • Examination of whether claims for special damages fall within RERA's jurisdiction
  5. Conclusion and Decision

    • Court's ruling on jurisdiction and admission of liability
    • Dismissal of arguments regarding the statute of limitations

Case Title: Siroya FM Constructions Pvt. Ltd. Ors. Versus Sunil Krishnan Anand Ors.

Citation: 2024 LawText (BOM) (6) 143

Case Number: COMMERCIAL APPEAL (L) NO. 16271 OF 2023 IN NOTICE OF MOTION NO. 2393 OF 2019 WITH INTERIM APPLICATION (L) NO. 16283 OF 2023

Advocate(s): Mr. Chetan Kapadia, Sr. Adv. a/w Ms. Prachi Khandge, Ms. Swati Chheda i/b Ridhima Mangaonkar for Appellant / Applicant., Mr. Gauraj Shah a/w Mr. Shahzad Ansari, Mr. Manohar Shelar, Mr. Omar Khaiyam Shaikh forRespondent in COMAPL/16271/2023. Ms. Pooja Jhaveri i/b Katariya and Associates for R. No. 4 in COMAPL/18202/2023.

Date of Decision: 2024-06-14