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2024 Supreme(Online)(Del) 33365

IN THE HIGH COURT OF DELHI AT NEW DELHI
UMANG REALTECH PVT LTD – Appellant
Versus
MRS DAPHNE REITA RAJAN SHARMA & ANR. – Respondent


$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 05.12.2024 + RERA APPEAL 7/2024 UMANG REALTECH PVT LTD .....Appellant Through: Mr. J. Sai Deepak, Sr. Adv.

with Mr. Arpit Dwivedi and Ms. Manmeet Nagpal, Advs.

versus MRS DAPHNE REITA RAJAN SHARMA & ANR.

.....Respondents Through: Mr. Shivendra Singh, Adv. for R-1.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL)

1. This appeal has been filed by the appellant under Section 58 of the Real Estate (Regulation & Development) Act, 2016 (in short, ‘RERA’), challenging the Order dated 04.03.2024, passed by the learned Real Estate Appellate Tribunal, dismissing the application filed by the appellant herein by which the appellant had offered the attachment of a flat in lieu of the requisite pre-deposit as mandated under Section 43(5) of the RERA.

2. The learned Senior Counsel for the appellant submits that the learned Tribunal has failed to appreciate that, in terms of the Order dated 20.08.2019, passed by the learned National Company Law Signature Not Verified Digitally Signed RERA APPEAL 7/2024 Page 1 of 8 Tribunal, Principal Bench, New Delhi (in short, ‘NCLT’), in CP No. IB-1564(PB)/

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