JUDGMENT

These appeals are directed against the orders passed by the Kerala Real Estate Appellate Tribunal, Ernakulam, in rejecting an appeal under Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016 , (hereinafter referred to as the ‘Act’ for short).

2. The appellant was visited with an order passed by the Adjudicating Authority in a complaint filed by the allottees directing to return the amount received together with interest. Other directions were also issued. Contending that the order thus passed is without jurisdiction and is a nullity, two appeals were preferred as REFA Nos. 58 and 59 of 2021. Pending the appeals, I.A. Nos.70 and 72 of 2021 was filed in REFA Nos. 58 and 59 of 2021 seeking for waiver of the pre-deposit under Section 43 (5) of the Act. These applications were ordered on 20.01.2022 holding that there is no provision under the Act by which the Tribunal could waive the mandatory pre-deposit. The orders on Interlocutory Application were challenged by the appellant in MSA Nos. 1 and 2 of 2022 and by judgment dated 09.11.2022, this Court dismissed the appeal leaving open the appellant to raise all the contentions on merit before the Tribunal.