6-SA348-2026+.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 348 OF 2026 WITH INTERIM APPLICATION NO. 7308 OF 2026 Mahindra Bloomdale Developers Ltd. ...Applicant/ Appellant Prachi Manoj Gupta …Respondent Mr. Rohan Kelkar, a/w Subhasree Chatterjee, a/s Jonathan Jose, for the Appellant. Ms. Amisha Lolusare, for the Respondent. CORAM: N. J. JAMADAR, J. DATED: 30th SEPTEMBER, 2026 Oral Order:- 1. Heard the learned Counsel for the parties. 2. The challenge in this appeal is to an order dated 28th April, 2026, whereby the appeal was directed to be posted for hearing and disposal without an affidavit-in-reply on behalf of the appellant – respondent in AT01/00943/2025. 3. Mr. Kelkar, the learned Counsel for the appellant, submitted that, the appellant had made an effort to file a miscellaneous application raising grounds of objection to the tenability of the appeal. However, the Appellate Tribunal has declined to take the said miscellaneous application on record. 1/2 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.10.03 12:13:38 +0530 6-SA348-2026+.DOC 4. Since the Appellate Tribunal is yet to hear the appeal against the order passed by the Authority, in accordance with the provisions of RERA, 2016, this appeal can be disposed of with liberty to the appellant to raise all the grounds, including that of the maintainability of the appeal, which was sought to be raised by way of a separate miscellaneous application, at the time of the final hearing of the appeal. 5. The appeal, thus, stands disposed with liberty to the appellant to raise all the grounds, including that of the maintainability of the appeal, which was sought to be raised by way of a separate miscellaneous application, and a request to the Appellate Tribunal to consider the grounds raised, including that of maintainability of the Appeal, while deciding the Appeal finally. 6. The parties are permitted to file a compilation of the documents which formed part of the record of the Authority, before the Appellate Tribunal. 7. In view of disposal of the second appeal, IA/7308/2026 also stands disposed. [N. J. JAMADAR, J.] 2/2