Page No.# 1/3 GAHC010017972025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/177/2025 M/S SEVEN CITY DEVELOPERS PRIVATE LIMITED REPRESENTED BY ONE OF ITS DIRECTOR MS. KILTY SARKAR OFFICE AT 325 (A) WING SHANTI SHOPPING CENTRE OPP. RAILWAY STATION MIRA ROAD EAST THANE MAHARASHTRA. 2: MS KITTY SARKAR DAUGHTER OF SRI. DINESH NARAYAN MATHUR RESIDENT OF A 302 PANCH NATRAJ YARI ROAD VERSOVA ANDHERI (WEST) MUMBAI MAHARASHTRA. VERSUS SRI MAYANK SOMANI RESIDENT OF FLAT NO. 305 BHUBANESHWAR TOWER CHOLADHARA TRP ROAD JORHAT ASSAM- 795001 In Case No. : RERA APPEAL/1/2025 M/S SEVEN CITY DEVELOPERS PRIVATE LIMITED, Page No.# 2/3 REPRESENTED BY ONE OF ITS DIRECTOR MS. KILTY SARKAR, OFFICE AT 325, (A) WING SHANTI SHOPPING CENTRE, OPP. RAILWAY STATION, MIRA ROAD EAST, THANE MAHARASHTRA. 2: MS KITTY SARKAR DAUGHTER OF SRI. DINESH NARAYAN MATHUR RESIDENT OF A 302 PANCH NATRAJ YARI ROAD VERSOVA ANDHERI (WEST) MUMBAI MAHARASHTRA VERSUS SRI MAYANK SOMANI, RESIDENT OF FLAT NO. 305, BHUBANESHWAR TOWER, CHOLADHARA, TRP ROAD, JORHAT, ASSAM- 795001 Advocate for the applicant(s): Ms. G Goswami Advocate for the respondent(s): X X B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 05.02.2025 Heard Ms. G Goswami, the learned counsel appearing on behalf of the appellant/applicant. 2. This is an application under Order XLI Rule 5 read with Section 151 of the Page No.# 3/3 Code of Civil Procedure, 1908 (for short, the Code) for stay/suspension of the operation and execution of the impugned judgment and order dated 29.11.2024 passed by the learned Real Estate Appellate Tribunal, Assam in Reat/ Assam/Appeal No.05/2024. 3. It has been submitted that an amount of Rs.10,87,000/- (Rupees Ten Lacs and Eighty Seven Thousand) only had already been deposited by the appellant before the Tribunal pursuant to the order dated 21.06.2024 passed in the First Appeal filed before the learned Appellate Tribunal. The learned counsel appearing on behalf of the appellant submitted that there is a direction in the impugned judgment dated 29.11.2024 for disbursing an amount of Rs.10,57,000/- (Rupees Ten Lacs and Fifty Seven Thousand) only to the respondent. 4. Taking into account that the instant appeal has already been admitted by formulating the substantial question of law, it is the opinion of this Court that ends of justice would be met if the impugned direction so passed in paragraph No.23 of the judgment and order dated 29.11.2024 is stayed till the disposal of the present appeal. Accordingly, the directions contained in paragraph 23 of the impugned judgment and order dated 29.11.2024 is stayed till the disposal of the appeal. 5. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant