HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No. 2749 of 2025

19 September, 2025

Ms Paratus Real Estate Private Limited --Petitioner

Versus

Ashok Kumar Gupta and Ors. --Respondents ----------------------------------------------------------------------

Presence:-

Dr. Kartikey Hari Gupta, Ms. Irum Zeba and Mr. Rafat Munir Ali, learned counsel for the petitioner-

promoter.

Ms. Monika Pant, learned counsel for respondent

No.4, appeared through video conferencing.

Hon’ble Pankaj Purohit, J. (Oral)

This writ petition under Article 227 of the

Constitution of India has been filed by the petitioner-

promoter for following reliefs:-

i. A Writ, Order or Direction in the nature of Certiorari calling

for record and quash/set-aside the Pre-Deposit Order dated 04.09.2025, passed by the Uttarakhand Real Estate Appellate Tribunal Dehradun, directing the petitioner to deposit 50% of the amount, indicated by the Authority in the Impugned Order dated 08.04.2025 u/s 43(5) of the Real Estate (Regulation & Development) Act, 2016 (Annexure

No.1).

ii. A Writ, Order or Direction in the nature of Mandamus

directing the respondent No.4/Uttarakhand Real Estate Appellate Tribunal, Dehradun to entertain the petitioner’s Appeal registered as Miscellaneous Case No.39/2025 ‘M/S Paratus Real Estate Pvt. Ltd. V. Shri Ashok Kumar & Others’ (Annexure No.8) with Pre-Deposit of 30% of the amount indicated by the Authority in the Impugned Order dated 08.04.2025 u/s 43(5) of the Real Estate (Regulation &

Development) Act, 2016.

iii. A Writ, Order or Direction in the nature of Mandamus

permitting the petitioner to deposit the 30% of the amount indicated by the Authority in the Impugned Order dated 08.04.2025 u/s 43(5) of the Real Estate (Regulation & Development) Act, 2016; before the Hon’ble High Court as Pre-Deposit for entertaining petitioner’s Appeal registered as Miscellaneous Case No.39/2025 ‘M/S Paratus Real Estate

Pvt. Ltd. V. Shri Ashok Kumar & Others’ (Annexure No.8).

2. The Real Estate Regulatory Authority (RERA), Dehradun has passed an order dated 08.04.2025, whereby, the petitioner-promoter was directed to refund the entire amount of Rs.13,50,000/- to Shri Ashok Kumar Gupta-complainant-allottee, within 45 days from the date of that order i.e.08.04.2025 with interest @11.10% to be calculated from the respective dates of payment, failure thereof within 45 days, would attract additional interest on the payable amount of Rs.13,50,000/- till the preceding date of actual refund. Feeling aggrieved by the aforesaid order, the petitioner- promoter has preferred an Appeal before the learned Appellate Tribunal under Section 43 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter to be referred to as ‘the Act’).

3. The proviso to the Section 43 Sub-section 5 reads as under:-

“where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained, without the promoter first having deposited with the Appellate Tribunal at least thirty per cent of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard.”

4. From bare reading of the aforesaid proviso, it is clear that the Appeal at the hand of the promoter shall be entertained only after the promoter deposits at least 30% of the penalty or such higher percentage as determined by the learned Appellate Tribunal. The learned Appellate Tribunal has directed the petitioner- promoter to deposit the 50% of the penalty. It is feeling aggrieved by the said condition precedent for entertaining the appeal, the petitioner-promoter is before this Court.

5. It is contended by the learned counsel for the petitioner-promoter that it is clear from the order impugned before the learned Appellate Tribunal that the respondent-allottee had himself failed to make the payment of EMI, and therefore, in this circumstanc