Real Estate (Regulation and Development) Act, 2016 (RERA) – Section 36, 37, 40, 79 & Order VII Rule 11(d) of CPC – The core issue of the case is whether a suit seeking a common law remedy of permanent injunction is maintainable before a civil court or barred under Section 79 of the Real Estate (Regulation and Development) Act, 2016, given the powers vested in the Real Estate Regulatory Authority (RERA).
The petitioner argued that the suit is not maintainable due to the bar under Section 79 of the RERA Act, contending that the RERA Tribunal alone has jurisdiction over the issues raised, citing Sections 36 and 37 of the RERA Act, which empower the authority to grant injunctions.
Conversely, the respondent/developer argued that the suit for a bare permanent injunction is an equitable remedy maintainable in a Civil Court, asserting that Sections 36 and 37 operate in different spheres and do not empower the RERA authority to grant such an injunction.
The court analyzed Sections 36, 37, and 40 of the RERA Act and concluded that the common law equitable remedy of permanent injunction is not available to the plaintiff under any of the provisions of the RERA Act.