Back
IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
JASPREET SINGH, ARUN BHANSALI
Ratan Buildtech Pvt. Ltd., through its Practicing Company Secretary Mr. Alakh Pandey – Appellant
Versus
Anil Kumar – Respondent
| Table of Content |
|---|
| 1. initial facts of the case and procedural history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on the maintainability of the appeal. (Para 8 , 9 , 10 , 11 , 12) |
| 3. court’s analysis on the court-like nature of tribunals. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. conclusion on the appeal's maintainability. (Para 31) |
| 5. final dismissal of the appeal. (Para 32) |
JUDGMENT :
Arun Bhansali, CJ.
1. This special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 (‘Rules, 1952’) is directed against order dated 04.09.2025 passed in RERA Appeal No. 72 of 2025, whereby learned Single Judge dismissed the appeal filed by the appellant against judgment dated 14.05.2025 passed by the U.P. Real Estate Appellate Tribunal, Lucknow (‘UPREAT’).
2. The facts, in brief, may be noticed thus:
3. The respondent made a booking in the project of the appellant and was allotted a flat/apartment and a builder buyer agreement was executed between the parties in which the expected offer of possession was in December 2019. On account of the delay, the respondent made a complaint for grant of compensation under the Real Estate (Re
Special appeals against tribunal decisions are barred under Section 100-A CPC, confirming that such tribunals lack the status of a court for appeal purposes.
No intra-court appeal under Commercial Courts Act lies against Single Judge order on Patents Act appeal due to CPC Section 100A bar, Controller possessing Civil Court trappings as quasi-judicial auth....
Judgments must be delivered by the Bench that conducted the hearing; failing this constitutes a nullity, violating fundamental principles of judicial procedure.
Provisions of Code of Civil Procedure will apply to all matters on which special or local law is silent.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
