State Act

The Maharashtra Housing (Regulation and Development) Act, 2012.

This Act was repealed on 1 May 2016 by the Real Estate (Regulation and Development) Act, 2016 (16 of 2016), s.92; it may still apply to matters that began before then.

41. Powers and functions of Housing Appellate Tribunal.— (1) The Housing Appellate Tribunal shall be bound by the procedure laid down in the Code of Civil Procedure, 1908 (V of 1908). (2) The Housing Appellate Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908), while trying a suit in respect of the following matters, namely :— (a) summoning and enforcing the attendance of the promoter, authorized representative of the promoter or any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 ( I of 1872), any public record or document or copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing an application for default or deciding it ex-parte; and (h) any other matter which may be prescribed.