Madras HC: Civil Courts Can Grant Injunctions in Developer Suits Despite RERA Norms

The Madras High Court has held that even though Section 79 of the RERA Act bars civil courts from granting injunctions in respect of matters under RERA, a developer may still approach a civil court for a common law relief of permanent injunction when the relief sought doesn’t fall strictly under the powers of RERA authorities. 

In this case, the Court observed that equitable reliefs not envisaged by the RERA scheme cannot be ousted by Section 79’s bar. 

Thus, where a developer seeks protection of possession or prevention of interference outside RERA’s regulatory domain, a civil suit is maintainable.

[Metrozone Apartment Owners Association v. Ozone Projects Pvt. Ltd.]