HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 201/2026 M/s Crystal Buildtech Private Limited ----Appellant Versus Rajasthan Real Estate Regulatory Authority ----Respondent For Appellant(s) : Mr. Prashant Daga Mr. Rishabh Jain For Respondent(s) : Mr. Karan Tibrewal with Mr. Avinash Kumar HON'BLE MR. JUSTICE BIPIN GUPTA

Order

01/04/2026

1. The matter comes up on CMCC No. 85/2026, an application seeking condonation of delay of 16 days in filing the present Miscellaneous Appeal.

2. Learned counsel for the appellant submits that this Court has ample power under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the ‘Act of 2016’) to condone the delay. He further submits that the delay occurred on account of the fact that in Appeal No. 261/2024, the learned Rajasthan Real Estate Appellate Tribunal, Jaipur uploaded an order dated 16.09.2025 showing that the appeal had been allowed with reasons recorded therein. However, when the certified copy was subsequently issued to the parties under the provisions of the Act of 2016, it came to light that the appeal had, in fact, been dismissed.

3. Learned counsel for the appellant further submits that thereafter correspondence was made with the concerned authority regarding the discrepancy in uploading the incorrect order and the receipt of the certified copy reflecting dismissal of the appeal, which consumed some time, thereby occasioning the delay in filing the present appeal.

4. Learned counsel for the respondent does not oppose the application for condonation of delay.

5. For the reasons stated in the application, the same is allowed, and the delay of 16 days in filing the appeal is hereby condoned.

6. This Court finds that a serious issue arises in the present matter, which has not been considered by the learned Rajasthan Real Estate Appellate Tribunal, Jaipur. Accordingly, the said learned Tribunal is directed to place on record an explanation as to how an order showing the appeal as allowed was uploaded on its official website, whereas the certified copy supplied to the parties reflects dismissal of the appeal.

7. The Registry is directed to send a certified copy of this order to the Registrar, Rajasthan Real Estate Appellate Tribunal, Jaipur, who shall inform this Court regarding the aforesaid discrepancy.

8. Heard on the stay application.

9. Learned counsel for the appellant submits that the learned RERA Authority had issued notice to the non-complainants on 21.09.2023 for hearing, listing the matter on 16.11.2023. He further submits that instead of affording an opportunity of hearing, the learned Authority passed the final order dated 16.11.2023 on the same day, even in the absence of parties. He contends that no effective opportunity of hearing was granted. He further submits that the notice was only for hearing, and the Authority ought to have heard the parties, if present, and thereafter fixed a subsequent date for passing the final order.

10. When queried by this Court as to whether any separate order-sheet was drawn by the learned RERA Authority on 16.11.2023, learned counsel for the respondent/complainant was unable to point out any such order-sheet.

11. In view of the aforesaid facts and circumstances, this Court deems it appropriate to stay the operation and execution of the order dated 16.11.2023 and 29.04.2024 till the next date of hearing.

12. The record is also requisitioned from the learned RERA Authority as well as the Appellate Tribunal.

13. List this matter soon after the record is received.

(BIPIN GUPTA),J RAHUL KUMAR /51