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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR, ANIL KSHETARPAL
CJ Infrastructure Pvt Ltd – Appellant
Versus
Real Estate Appellate Tribunal For Nct Of Delhi And UT Chandigarh – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. Through the present two Appeals, the Appellants, namely, M/S CJ Infrastructure Pvt. Ltd. [hereinafter referred to as 'Appellant Company'], assails correctness of two similar orders passed on 27.03.2024 [hereinafter referred to as 'Impugned Order'] by the learned Real Estate Appellate Tribunal, Delhi & Union Territory of Chandigarh [hereinafter referred to as 'REAT'], whereby REAT, while relying on the judgment of the Supreme Court in Newtech Promoters and Developers Pvt Ltd. vs. State of Uttar Pradesh & Ors., [(2021) 18 SCC 127], has dismissed the Appeal of the Appellants on account of failure to make the pre-deposit in terms of Section 43(5) of the Real Estate (Regulation & Development) Act, 2016 [hereinafter referred to as 'RERA Act'].
2. With the consent of learned counsel for the parties, both Appeals are heard together and are being disposed of by this common order. For convenience, the facts are primarily drawn from RERA APPEAL 5/2024, captioned CJ Infrastructure Pvt. Ltd. & Anr. vs. Real Estate Appellate Tribunal for NCT of Delhi & UT Chandigarh & Ors.
FACTUAL MATRIX:
3. In the year 2010, the Appellant Company acquired a freehold area at 21, Dist
The obligation of pre-deposit under Section 43(5) RERA is a condition precedent for hearing appeals, designed to protect buyers' rights.
The main legal point established in the judgment is the court's authority to reduce the pre-deposit condition for hearing an appeal under Section 43(5) of the RERA Act based on genuine hardships, as ....
The requirement of pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 is mandatory and cannot be waived unless there are exceptional circumstances of complete f....
In compensation claims under the Real Estate (Regulation and Development) Act, a promoter must deposit only 30% to entertain an appeal, contrary to 100% for return of amounts, as clarified by the Sup....
The requirement of a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 is mandatory for promoters appealing against orders, with no discretion to waive this re....
Pre-deposit under Section 43(5) of the Real Estate Act must be refunded post-appeal resolution, safeguarding allottee interests.
The mandatory pre-deposit under Section 43(5) of the Real Estate Regulation and Development Act cannot be substituted with a bank guarantee, as the ordered amount is compensation.
The court upheld the validity of the pre-deposit requirement under Section 43(5) of the RERA Act, emphasizing that the petitioner failed to demonstrate exceptional hardship warranting a waiver.
The pre-deposit requirement under Section 43(5) of the Real Estate Act is obligatory, and cannot be replaced with security measures like a Bank Guarantee.
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