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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ.
Pacifica Developers Pvt. Limited – Appellant
Versus
Adjudicating Officer – Respondent
| Table of Content |
|---|
| 1. overview of appeals against previous judgments. (Para 1 , 2 , 3) |
| 2. interim order and deposit conditions. (Para 4 , 5 , 6) |
| 3. withdrawal request and potential misrepresentation. (Para 7 , 8) |
| 4. arguments around validity of appeal and misstatements. (Para 9 , 10 , 11 , 12 , 13) |
| 5. analysis of misleading statements and appeal validity. (Para 14 , 15 , 16 , 17) |
| 6. finality of appeals and observations on statutory remedies. (Para 18 , 19 , 20) |
| 7. conclusion of the judgment. (Para 21) |
ORDER :
SUNITA AGARWAL, CJ.
1. Having heard the learned Senior counsels appearing for the parties and perused the record, we may note that these intra court appeals are directed against the judgment and order dated 25.07.2025 whereby the learned Single Judge while dismissing the Misc. Civil Application No. 2 of 2024 filed by the appellants herein for withdrawal and disbursement of the amount deposited under the interim order dated 07.10.2022 in Special Civil Application No. 20527 of 2022, has allowed the Misc. Civil Application No. 3 of 2024 filed by the respondent no.4 herein for vacating the interim relief.
2. Two Misc Civil Application No. 2 of 2024 and Misc. Civil Application No. 3 of 2024 hav
Interim relief granted under statutory provisions cannot continue after withdrawal of a writ petition when misrepresentations regarding appeal status are made.
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....
The court clarified that appeals under the RERA Act should not be dismissed for lack of mandatory deposit, allowing for further proceedings.
The court established that the principles underlying Order 23 Rule 1 of the Code of Civil Procedure can apply to writ proceedings, but strict adherence to procedural laws is not required, particularl....
Interlocutory orders can be appealable if they materially affect rights; review jurisdiction is limited to errors visible on the record.
Lack of payment of higher amount of pre-deposit - Statutory conditions requiring pre deposit to be made with respect to disputed demand of penalty (where a minimum 30% was required to be deposited an....
The requirement for mandatory pre-deposit under the SARFAESI Act cannot be waived; failure to comply invalidates any appeals against recovery actions.
The court emphasized the necessity for uniformity in interim relief, ensuring that no litigant is penalized for the government's failure, thus advocating for consistency in deposit requirements under....
The existence of an alternate statutory remedy under the RERA Act limits the High Court's jurisdiction to entertain writ petitions, directing parties to the Appellate Tribunal for resolution of dispu....
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