IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

336 RERA Appeal No.28 of 2026 (O&M)

Date of decision: April 7^th, 2026 M/s Experion Developers Private Limited .....Appellant Versus Rajendra Kumar .....Respondent CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Kunal Mulwani, Advocate for the appellant.

Mr. Karanveer Jindal, Advocate for the respondent.

VIKAS BAHL, J. (ORAL)

1. Challenge in the present appeal is to the order dated 12.02.2026 vide which the Appellate Tribunal has dismissed the appeal on the ground ₹

that there is deficiency of an amount of 46,01,622/- for the purpose of complying with the provision of Section 43(5) of the RERA Act. The amount as mentioned in the order of the Appellate Tribunal is on the basis of the report of the registry.

2. On 11.03.2026, this Court was pleased to pass the following order:

“Present: Mr. Kunal Mulwani, Advocate, for the appellant.

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Inter alia, contends that in the present case, 10% of the sale consideration of Rs.2,29,38,307/- was to be deducted from the amount which had been paid by the respondent i.e. Rs.94,07,158/- and the said amount had to be deducted from the principal amount for the purpose of compliance of the provision of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.

Learned counsel for the appellant has submitted the correct calculations on a piece of paper which is reproduced herein below: -

"Calculations as per Appellant Total sale consideration 22938307

10% 2293831 Amount paid 9407158 Refundable amount 7113327 Period 27 April 2017 to 17 May 2025 2942 Interest at 11.10% 6364226 Pre-deposit u/s 43(5) 13477553 Deposit Done 13396539 Difference (undertake to deposit) 81014 Deposit as per Registry 17998161 Difference 4520608"

It is argued that the appellant has already deposited an amount of Rs. 1,33,96,539/- and only an additional amount of Rs.81,014/- is required to be deposited which the appellant undertakes to deposit. It is submitted that the calculations made by the Registry of the Tribunal to the effect that an amount of Rs.1,79,98,161/- is to be deposited is incorrect. It is further submitted that the appellant is ready to pay litigation expenses to the respondent to the extent of Rs.25,000/-.

Notice of motion for 07.04.2026.

Notice re: stay as well.

To be taken up after the urgent matters.

Liberty is granted to the appellant to serve the respondent through dasti process as well.

March 11, 2026”

3. Learned counsel for the appellant has submitted that in ₹

pursuance of the same, the appellant has brought an amount of 25,000/- and has handed over the same to the counsel for the respondent, which has been reaffirmed by the counsel for the respondent.

4. Learned counsel for the respondent has submitted that in the present case, as per the chart which has been referred to by the appellant, the period for interest has been mentioned form 27.04.2017 to 17.05.2025. It is submitted that the said period should be up to 17.07.2025 which was the date on which the appeal was filed before the Appellate Tribunal. It is submitted that in view of the same, the interest component should change.

5. During the course of arguments, a very fair stand has been taken by the counsel for the appellant and counsel for the respondent and a joint calculation sheet has been submitted and the said joint calculation sheet is reproduced hereinbelow:

CALCULATION SHEET Additional amount to be deposited INR 1,29,793/-

(1,36,07,346/- - 1,34,77,553)

6. Learned counsel for the appellant has submitted that since as per the abovesaid joint calculation/revised sheet, further amount of ₹

1,29,793/- is still due, the appellant would deposit the same within a period of ten days from today and on depositing the same, the impugned order be set aside and the appeal be revived and the Appellate Tribunal be requested to decide the case on merits.

7. Learned counsel for the respondent has submitted that the respondent would also put in appearance on the date when the appeal is to be taken up so as to assi