Developer rights

Door to Civil Court Remains Open Despite Bar Under RERA for a Developer Seeking Permanent Injunction

Summary: The case considered whether a suit for a common law remedy, in particular, for permanent injunction could be sought before RERA or whether a civil court retains jurisdiction to entertain such a suit. The Court held that the equitable remedy of permanent injunction falls entirely outside the scope of the powers conferred under the RERA Act; hence the bar of jurisdiction of civil courts cannot be invoked to reject such a suit filed by the developer. For developers and promoters, this ruling reinforces their right to approach civil courts to protect their interests through permanent injunctions.

Continue Reading Door to Civil Court Remains Open Despite Bar Under RERA for a Developer Seeking Permanent Injunction