The applicability of Section 43(5) of the RERA Act depends on whether the petitioner is classified as a promoter.

JUDGMENT This original petition is filed by the petitioner/appellant by challenging the order passed by the Kerala Real Estate Appellate Authority in REFA No 20/2025, directing the petitioner to comply with the mandatory provisions of Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016 (the RERA Act for short)

directing him to deposit the same.

2.The learned counsel for the respondent did not object.

3.The petitioner came before this Court challenging the same on the ground that the petitioner has filed an appeal in his individual capacity and not as a promoter, therefore, Section 43 (5)

of the RERA Act is not applicable to him.

4.On perusal of the impugned order, Kerala Real Estate Appellate Authority has not yet passed any order on the ground urged by the petitioner. Therefore, the petitioner is required to urge the said ground before the appellate authority, and the appellate authority has to decide the issue, whether the petitioner is a promoter or not, for the purpose of compliance with the mandatory requirement under Section 43 (5) of the RERA Act.

5.At this stage, the learned counsel for the petitioner seeks permission to withdraw the petition with a liberty to approach the appellate authority to argue the matter regarding the applicability of Section 43 (5) of the Act to the petitioner.

6.The submission of the learned counsel for the petitioner has been placed on record.

Accordingly, the original petition is dismissed as withdrawn, with liberty to the petitioner to approach the Kerala Real Estate Appellate Authority to urge and argue the matter as to whether Section 43 (5) of the Act is applicable to the petitioner or not.