JAWALA REAL ESTATE PVT LTD & ANR. versus HARESH

JAWALA REAL ESTATE PVT LTD & ANR. versus HARESH

Given the appellant's failure to provide required documents, its alienation of the originally allotted flat in breach of an NCDRC stay, and the fact that the respondent had deposited the balance consideration, the Supreme Court balanced the equities and directed the respondent to pay a lump sum of Rs.1,40,71,000 within eight weeks in lieu of clearance of outstanding dues of interest, taxes and other charges up to 05.02.2025; directed execution of the agreement for sale/sale deed within two months after payment; held stamp duty and registration expenses shall be borne by the respondent; and discharged the earlier restriction on structural changes.

Parties
Appellant Developer: Jawala Real Estate Pvt Ltd (amalgamated with Macrotech Developers Ltd.); Respondent Buyer: Haresh
Jurisdiction
India
Judgment Date
12 May 2025
Procedural Posture
Civil Appeal (miscellaneous Application in Civil Appeal No. 3294 of 2018) / Order on Miscellaneous Application Disposed of by the Supreme Court (order Dated 13.05.2025)
Outcome
Miscellaneous Application No. 2426 of 2018 disposed of by the Supreme Court
Legal Topics
Allotment of Flat, Determination of Amount Due and Payable, Cancellation of Allotment, Third Party Rights Created During Stay, Application for Modification of Order, Contempt of Court, Alternate Apartment Substitution, Adjustment of Equities, Execution and Registration of Sale Agreement, Taxes, Interest and Other Charges
Maharashtra Ownership of Flats Act, 1963 Consumer Disputes Real Estate / Property Law Contract Law Allotment of Flat Determination of Amount Due and Payable Cancellation of Allotment Third Party Rights Created During Stay +6 more

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Parties

Jawala Real Estate Pvt Ltd (amalgamated with Macrotech Developers Ltd.)

Appellant Developer

Haresh

Respondent Buyer

Procedural Posture

Civil Appeal (miscellaneous Application in Civil Appeal No. 3294 of 2018) / Order on Miscellaneous Application Disposed of by the Supreme Court (order Dated 13.05.2025)

Legal Issues

  1. 1 What amount is due and payable by the buyer for allotment of the flat after substitution of an alternate apartment pursuant to earlier orders
  2. 2 Whether and to what extent equities should be adjusted where developer alienated the originally allotted apartment in violation of an NCDRC stay and the buyer deposited balance consideration
  3. 3 Whether the buyer should be directed to execute agreement and pay outstanding amounts despite developer's alleged failures to provide documents, maps, NOCs and carpet area

Ratio Decidendi

Given the appellant's failure to provide required documents, its alienation of the originally allotted flat in breach of an NCDRC stay, and the fact that the respondent had deposited the balance consideration, the Supreme Court balanced the equities and directed the respondent to pay a lump sum of Rs.1,40,71,000 within eight weeks in lieu of clearance of outstanding dues of interest, taxes and other charges up to 05.02.2025; directed execution of the agreement for sale/sale deed within two months after payment; held stamp duty and registration expenses shall be borne by the respondent; and discharged the earlier restriction on structural changes.

Court Disposition

Miscellaneous Application No. 2426 of 2018 disposed of by the Supreme Court

Orders

  • Respondent directed to pay Rs.14071000 (Rupees One crore forty lakhs seventy-one thousand only) to the appellant within eight weeks from receipt of the order
  • Payment of Rs.14071000 is in lieu of clearance of all outstanding dues of interest, taxes and other charges up to 05.02.2025 (date of handover of possession)