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2022 Supreme(Raj) 1393

SUDESH BANSAL
Trehan Apna Ghar Buildwell Private Limited – Appellant
Versus
Munish Ranjan Sahay – Respondent


Advocates appeared:
Mr. Pradeep Kumar Choudhary With, Mr. Samkit Jain, Mr. Karan Audichya, Mr. Mitesh Rathore, Ms. Shruti Rai And Ms. Saloni Dagur, Mr. Yash Joshi, Mr. Ridhvick Dosi, for the Appellant, Mr. Rubal Tholia, Mr. Harshal Tholia, for the Respondent.

ORDER

1. Both these appeals have been filed under the provision of Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred as "RERA Act"). The registry has registered both appeals as second appeals and Court fees of Rs.1000/- in both appeals paid by appellants has been reported as sufficient.

2. Since Section 58 of the RERA Act, 2016 do not specifically provide the nature of appeal as to second appeal and further under the provision of RERA Act and Rajasthan Real Estate (Reulation and Development) Rules, 2017 (hereinafter referred as "the RERA Rules, 2017"), there is no provision for making valuation of dispute and for quantum of Court fees payable on appeal filed under Section 58 of the RERA Act, hence, two issues fall for consideration by this Court :-

    "(1) The appeal filed under Section 58 of the RERA Act, 2016 be registered under which category of appeals before the High Court of Judicature for Rajasthan.

    (2) How much Court fees is payable on appeal filed under Section 58 of the RERA Act, 2016 before the High Court?"

    3. In order to adjudicate the issue No.l regarding registration of category/ nature of appeal, it is necessary to look into the provi

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