-SA440-2026+.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 440 OF 2026 WITH INTERIM APPLICATION NO. 7075 OF 2026 Agile Real Estate Pvt. Ltd. ...Appellant Versus Shailendra Ramyagya Tiwari & anr. …Respondents WITH SECOND APPEAL NO. 441 OF 2026 WITH INTERIM APPLICATION NO. 7116 OF 2026 Agile Real Estate Pvt. Ltd. ...Appellant Versus Amit Dabke & anr. …Respondents WITH SECOND APPEAL NO. 442 OF 2026 WITH INTERIM APPLICATION NO. 7117 OF 2026 Agile Real Estate Pvt. Ltd. ...Appellant Versus Sagar Prakash Dudhande & anr. …Respondents WITH SECOND APPEAL NO. 443 OF 2026 WITH INTERIM APPLICATION NO. 7118 OF 2026 Agile Real Estate Pvt. Ltd. ...Appellant Versus Amit Dabke & anr. …Respondents Mr. Mayur Khandeparkar, Mr. Suneet Tyagi, Ms. Pavitra Pillay, Ms. Rajvi Choksi, i/b Mr. Aniket Deshmukh, for the Appellant/Applicant. 1/4 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.09.30 17:27:19 +0530 -SA440-2026+.DOC Mr. Vinod Talreja, a/w Mr. Avinash Undhare, i/b Gobindram D Talreja, for the Respondents. CORAM: N. J. JAMADAR, J. DATED: 30th SEPTEMBER, 2026 PC:- SA/440/2026, SA/441/2026, SA/442/2026 and SA/443/2026 1. Heard the learned Counsel for the parties. 2. These appeals are directed against a common order dated 20th August, 2026 passed by the Maharashtra Real Estate Appellate Tribunal (“the Appellate Tribunal”), thereby directing the appellant to deposit the differential amount of interest, towards full compliance of the proviso to Sub-section (5) of Section 43 of the Real Estate (Regulation and Development) Act, 2016 (“RERA 2016”). 3. The appeals are admitted on the following substantial question of law: Whether the Appellate Tribunal is empowered to direct the promoter to deposit the total amount to be directed to be paid to the allottee, including interest and compensation, by the Authority or Adjudicating Officer, only up to the date determined by the Authority or Adjudicating Officer, where such date is expressly specified 2/4 -SA440-2026+.DOC by the Authority or Adjudicating Officer, or the amount so determined alongwith the interest at the rate stipulated by the Authority or Adjudicating Officer, up to the date of deposit of the amount before the Appellate Tribunal? 4. Having regard to the limited nature of the controversy, the appeals be listed for hearing and final disposal on 28th October, 2026. 5. In the meanwhile, the appellant shall file private paper- book. IA/7075/2026, IA/7116/2026, IA/7117/2026 and IA/7118/2026 6. By a separate order, this Court has framed substantial question of law on which the appeals are required to be heard. 7. There is an apprehension that the failure to deposit the differential amount, directed to be deposited by the Appellate Tribunal, may entail the consequence of the dismissal of the appeals before the Appellate Tribunal. 8. Though the substantial question of law framed by this Court appears to have general significance, yet, as the impugned order directs deposit of the differential amount, which is not very substantial in the context of the project, which the appellant is developing, this Court considers it expedient to stay 3/4 -SA440-2026+.DOC the effect and operation of the impugned order, subject to deposit of the entire differential amount in this Court so that the Court would be equipped to balance the equities between the parties, depending upon the outcome of these appeals. 9. Hence, the following order: : O R D E R : (i) The applications stand allowed. (ii) There shall be stay to the execution, operation, and implementation of the impugned order subject to deposit of the entire amount directed to be deposited by the Appellate Tribunal in each of the appeals, before this Court within a period of four weeks. (iii) Upon deposit of the said amount, the Appellate Tribunal may proceed with the hearing of the appeals, in accordance with law. [N. J. JAMADAR, J.] 4/4