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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
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 (Regulation and Development) Act, 2016 (‘Act, 2016’) before the Adjudicating Officer at Gautam Buddha Nagar. The appellant filed objections to the complaint and raised preliminary objections with regard to the absence of jurisdiction.
4. The Adjudicating Officer, by order dated 10.02.2023, granted certain reliefs to the respondent. The appellant assailed the judgment and order dated 10.02.2023 by filing appeal before the UPREAT. Th
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.
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.
Point of law : Section 4 of the Code of Civil Procedure, as is evident from its plain reading, does not mean that the CPC does not apply to the proceedings under special or local laws but only indica....
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