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2022 Supreme(Raj) 1961

MANINDRA MOHAN SHRIVASTAVA, ANOOP KUMAR DHAND
Sanjay Ghiya – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Siddharth Ranka, Advocate, for the Appellant
Mr. Anand Sharma, Advocate, Mr. Prakul Khurana Advocate, Mr. Sanjay Jhanwar, Sr. Advocate, Ms. Pallavi Mehta, Advocate, for the Respondent.

JUDGMENT

Anoop Kumar Dhand, J. - By way of filing this writ petition, a challenge has been given to Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'RERA Act or Act of 2016') which reads as under:-

    '56. Right to legal representation- The applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be.

    Explanation-For the purposes of this section,- (a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;

    (b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) or any other law for the time being in force and who has obtained a certific

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