Order I.A.No. 55 of 2024

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
Interlocutory Application No. 55 of 2024
IN
Complaint No. 136 of 2024
Corum:

14th November , 2024
Dr. N. Satyanarayana, IAS (Retd.),Hon’ble Chairperson
Sri Laxmi Narayana Jannu, Hon’ble Member
Sri K. Srinivasa Rao, Hon’ble Member

Shankar Babu
…Complainant(s)
Versus
M/s Aspire Spaces Pvt. Ltd.

…Respondent(s)

The present Complaint has been filed under Section 31 of the Real
Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the
“Act”) read with Rule 34(1) of the Telangana Real Estate (Regulation and
Development) Rules, 2017 (hereinafter referred to as the “Rules”). During the
hearing, the Complainants prayed before this Authority to pass the following
interim order in safeguarding their interest:
a. To

direct

the

Respondent

herein

be

injuncted

from

disposing

off/transferring/alienating/selling theAc.8- 06 Gts., or 39,031.94 Yards
or 32,635.68 SqMtrs in Sy. No. 170, 170/P, 170/A1, 170/U1, 170/U2,
170/U3, 170/U4, 170/U5, 170/UU, 170/UU1,170/UU2, 170/UU3,
170/RU1, 170/RU2, 170/RU3, 170/RU4, 170/RU5 & 179/P situated
at Ameenpur Village, Ameenpur Mandal, within the limits of Ameenpur
Municipality, Sangareddy District, Telangana State (hereinafter called
as "Schedule 'A' Property") and (1). Nos. 501 (1715 Sq. ft) on the Fifth
Floor, (2). No. 701 (1715 Sq. ft) on the Seventh Floor of 'A' Block, (3). No.
706 (1715 Sq. ft) on the Seventh Floor, (4). No. 1107 (1715Sq. ft) on the
Eleventh Floor of 'B' Blockof 'B' Block total admeasuring 6860 Sq. ft
(hereinafter called as "Schedule 'B’ Property")
2.

The Complainants and Respondent entered into an Agreement of Sale

dated August 21, 2023, for the purchase of residential flats in the project
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"Aspire

Spaces

Ameya"

under

the

Respondent's

development.

The

Complainants paid the entire sale consideration amounting to ₹3,35,72,000 to
the Respondent.
3.

As per the Agreement, the Respondent undertook to complete certain

obligations within stipulated timelines, failing which they agreed to either
refund the amount or execute a registered sale deed in favor of the
Complainants for the Schedule 'B' properties. Subsequent agreements and
post-dated cheques were issued as securities, which were dishonored, leading
the Complainants to approach this Authority.
4.

On

October

28,

2024,

the Complainants filed an

interlocutory

application seeking an interim injunction to restrain the Respondent from
alienating or creating third-party rights over the subject properties. During
the hearing on November 1, 2024, the Respondent did not oppose the
application and raised no objections to the requested relief.
5.

This Authority has carefully considered the materials on record and the

arguments presented. It is apparent from the Agreement of Sale that the
Respondent

committed to register

the subject

flats in

favor

of

the

Complainants if specific conditions were unmet. With the Respondent’s
obligations still outstanding, the Complainants’ rights over the said properties
remain unsecured, rendering their apprehensions about potential third-party
alienation justifiable.
6.

The Authority notes that the Respondent has submitted no objections

to the interim relief sought by the Complainants with regard to restraining
alienation of the properties. Given the Respondent’s assurances and the
Complainants’ valid concerns, this Authority deems it necessary to issue an
interim injunction to preserve the status quo of the properties until the final
disposal of the matter. Allowing any alienation or third-party interest at this
stage would risk rendering the Complainants’ relief in the main complaint
nugatory.

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7.

In light of the peculiar facts and circumstances of this case, and in

exercise of its powers under Sections 36 and 37 of the Real Estate (Regulation
and Development) Act, 2016, this Authority hereby issues the following
interim directions:
a. The Respondent is hereby restrained from creating any third-party
rights, alienating, or otherwise transferring any interest in the
Schedule 'B' properties or flats within the "Aspire Spaces Ameya"
project as specified in this application until the final disposal of the
main complaint.
8. Accordingly, in view of the above direction, I.A. 55 is allowed.

Sd/Sri. K. Srinivas Rao,
Hon’ble Member
TG RERA

Sd/Sri. Laxmi NaryanaJannu,
Hon’ble Member
TG RERA

Sd/Dr. N. Satyanarayana, IAS (Retd.),
Hon’ble Chairperson
TG RERA

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