IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RERA-APPL-213-2025 Date of decision: 17.11.2025 Jitendra Shukla ...Appellant Versus Shree Vardhman Developers Private Limited ...Respondent CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Kartik Parmod Goyal, Advocate for the appellant.

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VIKAS BAHL, J. (ORAL)

1. Challenge in the present appeal filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 is to the order dated 01.09.2025 (Annexure P-3) passed by the Haryana Real Estate Appellate Tribunal in IA No.1157 of 2025 in Appeal No.459 of 2025, whereby delay in filing the appeal by the respondent, has been condoned.

2. Learned counsel for the appellant has submitted that in the present case, delay has been condoned by the Appellate Tribunal although there was no sufficient cause to condone the delay. It is submitted that the order, on the complaint of the present appellant along with other complaints, was passed by the Haryana Real Estate Regulatory Authority, Panchkula on 12.07.2022 and against the said order, a writ petition was filed by the respondent-builder which was not maintainable and was thus, disposed of and thereafter, the appeal was filed before the Appellate Tribunal in which there was a delay of 963 days which has been condoned vide order dated 01.09.2025. It is submitted that a perusal of the application dated 27.05.2025 (Annexure P-4) would show that there was no substantial cause shown to condone the delay and thus, impugned order dated 01.09.2025, condoning the delay, deserves to be set aside and the appeal filed by the respondent deserves to be dismissed on the said ground alone.

3. This Court has heard learned counsel for the appellant and has perused the paper book and finds that the present appeal is meritless and deserves to be dismissed for the reasons stated hereinafter.

4. It is not in dispute that against the order dated 12.07.2022 passed by the Haryana Real Estate Regulatory Authority, Panchkula, vide which complaint filed by the present appellant along with the other complaints was disposed of, CWP-9247-2025 was filed by the respondent- builder which was disposed of by the Division Bench of this Court on

01.04.2025 in the following terms:-

“4. In view of the above, the present writ petition is disposed of with liberty to the petitioner to file an appropriate appeal before the Haryana Real Estate Appellate Tribunal in terms of Section 43(5) read with Section 44 of the RERA Act, 2016, within a period of 60 days. It is made clear that if any such appeal/application is filed, the same shall be considered and decided on its merits uninfluenced by the order passed by this Court.

5. Pending application(s), if any, shall also stand disposed of.

01.04.2025”

A perusal of the above order would show that liberty was granted to the petitioner therein (respondent herein) to file an appropriate appeal before the Haryana Real Estate Appellate Tribunal in terms of Section 43(5) read with Section 44 of the RERA Act, 2016 within a period of 60 days and it was further made clear that such appeal would be decided on merits uninfluenced by the order passed by this Court. The order was passed on the basis of objection raised on behalf of respondent therein to the effect that the writ petition was not maintainable and there was an alternative remedy available to the present respondent to file an appeal before the Haryana Real Estate Appellate Tribunal. A reading of the above order would show that liberty was granted to the present respondent to file an appeal within 60 days. It is not in dispute that respondent had thereafter filed an Appeal No.459 of 2025 on 28.05.2025 i.e., within a period of 60 days from the date of the order dated 01.04.2025. It was the case of the respondent in the application dated 27.05.2025 (Annexure P-4) for condonation of delay that the appeal had been filed within the time granted by the High Court and it was only as a matter of abundant caution that the application fo