IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1. RERA-APPL-69-2026 (O&M)

Date of decision: 22.04.2026 M/s IREO Grace Realtech Pvt. Ltd. ...Appellant Versus Nitin Aggarwal and another ...Respondents 2. RERA-APPL-70-2026 (O&M)

Date of decision: 22.04.2026 M/s IREO Victory Valley Pvt. Ltd. ...Appellant Versus Chandan Khaitan ...Respondent 3. RERA-APPL-72-2026 (O&M)

Date of decision: 22.04.2026 M/s IREO Grace Realtech Pvt. Ltd. ...Appellant Versus G.V. Chanana ...Respondent 4. RERA-APPL-73-2026 (O&M)

Date of decision: 22.04.2026 M/s IREO Grace Realtech Pvt. Ltd. ...Appellant Versus Sonika Sehgal ...Respondent 5. RERA-APPL-74-2026 (O&M)

Date of decision: 22.04.2026 M/s IREO Grace Realtech Pvt. Ltd. ...Appellant Versus Bhanu Marwaha and another ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Samarth Sagar, Advocate and Mr. Randeep Singh Khaira, Advocate for the appellant.

(In all the appeals)

Mr. Marinal Sharma, Advocate for the respondents (In RERA-APPL-69-2026)

Mr. Harsh Sharma, Advocate for the respondent (In RERA-APPL-70-2026)

Mr. Arun Sharma, Advocate for the respondent (In RERA-APPL-72-2026)

Mr. N.S. Ghuman, Advocate for the respondent (In RERA-APPL-73-2026)

Ms. Komal Bishnoi, Advocate for Mr. Yashvir Balhara, Advocate for the respondents.

(In RERA-APPL-74-2026)

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VIKAS BAHL, J. (ORAL)

1. The present order would dispose of five appeals bearing RERA-APPL-69-2026, RERA-APPL-70-2026, RERA-APPL-72-2026, RERA-APPL-73-2026 & RERA-APPL-74-2026. All the appeals involve common questions of law and facts and are thus being taken up together. On joint request of all the counsel, RERA-APPL-69-2026 is taken up as the lead case.

2. Challenge in all the above appeals is to the order passed by the Appellate Tribunal vide which the appeal filed by the present appellant was dismissed solely on the point that pre-deposit as required under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 had not been made. Challenge is also to the subsequent order vide which the application filed by the appellant for revival of the appeal, as pre-deposit had been made, had also been dismissed on the ground that the Appellate Tribunal had been rendered functus officio.

3. On 18.04.2026, this Court had passed the following order:-

“Present:- Mr. Samarth Sagar, Advocate, and Mr. Randeep Singh Khaira, Advocate for the appellant.

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Inter alia, contends that in the present cases, the appeals filed by the present appellant were dismissed by the Appellate Tribunal solely on the point that the pre-deposit, as required under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016, was not made. It is further submitted that subsequently the present appellant had filed an application i.e. CM-916-2025 in which a prayer for waiver of making pre-deposit had been made and the said application has been dismissed solely on the ground that after the dismissal of the appeal due to lack of pre-deposit, the Appellate Tribunal has become functus officio. It is submitted that at any rate, this Court has power to set aside the order dated 03.02.2025 as well as the subsequent orders and direct the hearing of the application for condonation of delay and the main appeal as there is due compliance of provisions of Section 43(5) of the Real Estate (Regulation and Development)

Act, 2016.

Notice of motion for 22.04.2026.

Since a very short point is involved, thus, the present appeals be taken up in the urgent list.

Liberty is granted to the appellant to serve the respondents through the counsel before the Executing Court as well as through dasti process.

Notice re: stay as well.

On a pointed query raised by this Court, learned counsel for the appellant, on instructions from the appellant, has fairly submitted that the appellant would pay litigation expenses of Rs.10,000/- in each case.

As undertaken before this Court, the appellant would bring an amount of Rs.10,000/- in each case for the respondent(s).

A photocopy of this order be placed on the file of