The Maharashtra Real Estate Appellate Tribunal has rejected an appeal by Pune-based developer Nitin Navgire due to an inordinate delay of nearly two years in seeking restoration of two previously dismissed appeals.
Navgire had approached the Tribunal to condone a delay of 23 months and 20 days in filing for restoration of Appeals No. AT005000000053192 and AT005000000053193 of 2021. He claimed financial hardship, caused by being cheated by a former business partner, prevented him from complying with RERA requirements and attending hearings.
The Tribunal, however, found this explanation inadequate. It ruled that the delay was not backed by “sufficient cause,” especially since the developer failed to deposit the amount ordered by the Authority in its November 2021 directive — a prerequisite under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 before an appeal can be entertained.
The appeals were originally dismissed in February 2022 after Navgire repeatedly failed to appear or comply. The Tribunal noted that the restoration applications were filed only after recovery warrants had been issued against him, raising concerns of deliberate delay tactics to stall the recovery process.
The non-applicants opposed the restoration, stating that condoning such a delay would unfairly impact them and encourage negligent behavior by litigants.
Citing key Supreme Court guidelines on delay condonation, the Tribunal stressed that financial difficulty alone cannot justify such prolonged inaction. All related applications, including those for stay and restoration, were disposed of, and the original appeals were deemed no longer maintainable.
Each party was instructed to bear its own legal costs.
