JUDGMENT

Harinder Singh Sidhu, J. - In this petition the petitioner has prayed for directions to respondent No.1 - Haryana Real Estate Appellate Tribunal (herein for short 'the Appellate Tribunal') to entertain and decide the appeal preferred by it against order dated 13.10.2020 (P.11), passed by respondent No.2 - Haryana Real Estate Regulatory Authority (for short 'RERA Haryana'), without insisting for deposit of 100% of the amount assessed by respondent No.2.

2. The petitioner is a Company incorporated under the provisions of Companies Act, 1956 having its corporate office at C/o, H-69, Upper Ground Floor, Connaught Place New Delhi. It started the work of construction of Precision Soho Tower in Gurugram. The said tower included the office space as also Studio Apartments. The project was completed by the petitioner in the year 2015. It submitted an application dated 18.05.2015 to the competent authority for grant of Occupation Certificate. The said certificate was issued on 18.02.2017.

3. The petitioner filed CWP No.34271 of 2019 in which it had assailed the constitutionality of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 which required a pre-deposit to be