k 1/3 45 sa 569.25 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.569 OF 2025 Nariman Sapal Patel & Anr. ....Appellants V/S Rare Township Pvt. Ltd. ....Respondent WITH INTERIM APPLICATION NO.12372 OF 2025 IN SECOND APPEAL NO.569 OF 2025 Nariman Sapal Patel & Anr. ....Applicants IN THE MATTER BETWEEN Nariman Sapal Patel & Anr. ....Appellants V/S Rare Township Pvt. Ltd. ....Respondent _________ Mr. Rahul Soman a/w Ms. Jenisha Gala i/b Mr. Sanjay Chaturvedi for the Appellants. Ms. Ayushi Anandpara a/w Mr. Sama Khan i/b SNG & Partners for Respondent. __________ CORAM : SANDEEP V. MARNE, J. DATE : 11 SEPTEMBER 2026. P.C.: 1. It must be observed at the outset that filing of present Appeal is gross abuse of process of law. The Appeal challenges order dated 1 August 2025 passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai (Appellate Tribunal) holding that the Appeal No.AT006/000475 of 2025 is filed within the period of limitation and that katkam Page No. 1 of 3 2026:BHC-AS:37754 k 2/3 45 sa 569.25 as.doc there is no delay in filing the same. The Appeal is filed contending that under provisions of Sub-section (2) of Section 44 of the Real Estate (Regulation and Development) Act, 2016 (RERA), the Appeal needs to be filed within a period of 60 days from the date on which copy of the direction or order or decision made by the authority is received by the aggrieved person. Inviting my attention to the Application for condonation of delay it is sought to be contended on behalf of the Appellant that the Respondent was intimated regarding order passed by the Maharashtra Real Estate Regulatory Authority, Mumbai (MahaRERA) on 17 March 2025 and that therefore the period of 60 days provided for in Section 44(2) of the RERA commenced from 17 March 2025. It is further sought to be contended that provisions of Section 12 of the Limitation Act, 1963 cannot be imported within the statutory frame work of RERA. 2. However, under Regulation 10 of Maharashtra Real Estate Appellate Tribunal Regulations, 2019 (Regulations of 2019), every Memorandum of Appeal needs to be accompanied alongwith certified copy of the impugned order. Thus in absence of a certified copy, Appeal cannot be lodged before the Appellate Tribunal. Provisions of Section 44 of RERA are required to be read in conjunction with Regulation 10 of the Regulations of 2019. In that view of the matter, the Appellate Tribunal has rightly excluded the period from 28 March 2025 to 16 April 2025 while computing the period of limitation. No interference is warranted in the impugned order passed by the Appellate Tribunal. Filing of the Appeal is gross abuse of process of law. Valuable judicial time is wasted katkam Page No. 2 of 3 k 3/3 45 sa 569.25 as.doc in hearing and deciding the Appeal, filing of which ought to have been avoided. The Second Appeal is accordingly dismissed by imposing costs of Rs.10,000/- on the Appellants. Costs shall be paid to the Respondent within a period of four weeks. 3. In view of disposal of the Second Appeal nothing would survive in the Interim Application and the same is accordingly disposed of. (SANDEEP V. MARNE, J.) katkam Page No. 3 of 3 Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 16/09/2026 13:17:42