AI Overview...
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Party as Appellant or Respondent in Appeal under Section 58 - Under Section 58 of RERA, a party can be either an appellant or respondent in an appeal before the High Court. The section confers a right to appeal specifically on parties aggrieved by orders of the RERA Tribunal, but this right is statutory, not inherent. The section delineates the scope and nature of appeals, emphasizing that only parties with a legal standing under the Act can invoke this remedy. U. P. Avas Evam Vikas Parishad, Lucknow VS Dhruv Kumar Chaturvedi - Allahabad, Bipul Bharali S/o Late Madhab Bharali VS Prasanta Das S/o Late Kiran Ch. Das - Gauhati, Saurav Kumar Sharma VS State Of Bihar - Patna, Ratan Buildtech Private Limited vs Anil Kumar - Allahabad
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Scope of Appeal and Jurisdiction - Appeals under Section 58 are limited to orders passed by the RERA Tribunal or Adjudicating Officers. The High Court's jurisdiction is invoked when a party files an appeal against such orders, and the appeal is subject to the provisions of the Civil Procedure Code, especially Section 100, which governs second appeals. The remedies under RERA are without prejudice to other legal remedies, including those under the Consumer Protection Act. Aashish Bansal VS Ireo Pvt. Ltd. - Consumer, Bipul Bharali S/o Late Madhab Bharali VS Prasanta Das S/o Late Kiran Ch. Das - Gauhati, Saurav Kumar Sharma VS State Of Bihar - Patna
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Legal Standing and Conditions for Appeal - The right to appeal is conferred by statute, and parties must meet specific conditions, such as depositing certain amounts as mandated (e.g., under Section 43(5)), and must have a direct interest in the order challenged. The legality of the appeal process, including the deposit requirements, has been upheld by courts, affirming that parties like developers or consumers can be parties in appeal proceedings. Janta Land Promoters Private Limited VS Union Of India - Punjab and Haryana, Man Global Ltd VS Ram Prakash Joukani - Bombay, U. P. Avas Evam Vikas Parishad, Lucknow VS Dhruv Kumar Chaturvedi - Allahabad
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Nature of Orders Appealable and Finality - Orders related to construction disputes, penalties, or compliance issues are appealable under Section 58. The courts have clarified that appeals are generally against orders of the Tribunal, and the High Court's review is limited to questions of law or jurisdiction. The appellate process is designed to ensure judicial oversight without undermining the Tribunal's authority. Samruddhi Developers VS Kiran Vasant Verekar - Bombay, U. P. Avas Evam Vikas Parishad, Lucknow VS Dhruv Kumar Chaturvedi - Allahabad
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Main Insight: A party affected by RERA Tribunal orders can indeed be a party in appeal before the High Court under Section 58, provided they meet the statutory requirements and follow procedural rules. The right to appeal is explicitly granted by the Act, and courts have upheld this as a legitimate statutory remedy for parties such as developers, consumers, or other stakeholders. U. P. Avas Evam Vikas Parishad, Lucknow VS Dhruv Kumar Chaturvedi - Allahabad, Aashish Bansal VS Ireo Pvt. Ltd. - Consumer, Bipul Bharali S/o Late Madhab Bharali VS Prasanta Das S/o Late Kiran Ch. Das - Gauhati
Conclusion: Yes, under Section 58 of RERA, a party can be a party in appeal before the High Court, but only if they are directly affected by the Tribunal's order and comply with the procedural and substantive requirements specified in the Act. The appeal process is a statutory right, not an inherent one, and courts have consistently upheld the legality of such appeals.
Search Results for "Rera can be Party in Appeal under Section 58"
2023 0 Supreme(All) 1573 • India - Allahabad
OM PRAKASH SHUKLA
1, 3, 67-70) ... ... (B) Jurisdiction - The High Court's role under Section ... This appeal has been filed under Section 58 of the RERA, 2016, which inter-alia states: “58. ... There is no gainsaying that a right to appeal is always conferred by the statute and any party does not have an inherent right to appeal. In the present case, it has been mentioned that an appeal under Section 5....
• India - Consumer
R. K. AGRAWAL, S. M. KANTIKAR
79 of the RERA Act to the initiation of proceedings before a fora which is not a civil court, read with Section 88 of the RERA Act ... makes the position clear and Section 18 of the RERA Act specifies that the remedies are without prejudice to any other remedy available ... Consumer Protection Act, 1986 are in addition to the remedies available under special statutes as there is the absence of a bar under Section ... court, read with Section 88 of the RERA#H....
2023 0 Supreme(Bom) 439 • India - Bombay
G. S. PATEL, NEELA GOKHALE
- Assigned to this Bench - Whether a writ lies against a pre-deposit order - Held, But what Section 58 then does is to constrain ... order not necessarily a final order of RERA Appellate Tribunal it is to be guided by restrictive provisions of Section 100 that ... Real Estate (Regulation and Development) Act 2016 - Section 43(5) - Code of Civil Procedure Section 100 ... The issue turns on an interpretation of Section 58 of the Real Estate (Regulation....
2022 0 Supreme(Raj) 1961 • India - Rajasthan
MANINDRA MOHAN SHRIVASTAVA, ANOOP KUMAR DHAND
Section 56 - Right to legal representation - The applicant or appellant or respondent may either appear in person or authorise ... Final Decision: The court declared the non-inclusion of the word 'Respondent' under Section 56 of the RERA Act as illegal ... Fact of the Case: The petitioner, a Chartered Accountant, challenged the legality and validity of Section 56 of the ... Rule 27 (5) & (6) of Rules of 2017 are reproduced as under:- '27 Form for filing appeal and the fees payable....
2024 0 Supreme(Gau) 680 • India - Gauhati
MITALI THAKURIA
Real Estate - Real Estate (Regulation and Development) Act, 2016 - Section 58, Section 100 of the Code of ... It also highlights the duty of a house buyer to make payments as per the agreement, the essential part of a sale covered by Section ... The court also found that the appellant failed to show any material illegality warranting entertaining the second appeal. ... This is a second appeal filed against the concurrent decision under Section 58 of ....
2021 0 Supreme(Pat) 222 • India - Patna
AHSANUDDIN AMANULLAH
Tribunal under Section 44 and appeal from the Appellate Tribunal would lie to High Court under Section 58 – When a statutory remedy ... 226 – Appeal – Alternative remedy – Appeal from an order of the RERA or Adjudicating Officer, as the case may be, would lie to Appellate ... Real Estate (Regulation and Development) Act, 2016 – Sections 44 and 58 – Constitution of India – Article ... High Court under Section #HL_ST....
2020 0 Supreme(P&H) 1398 • India - Punjab and Haryana
S.MURALIDHAR, AVNEESH JHINGAN
The Court also upheld the validity of the proviso to Section 43(5) of the Act, which requires the appellant to deposit a certain ... Is the proviso to Section 43(5) of the Act, which requires the appellant to deposit a certain percentage of the penalty amount or ... The proviso to Section 43(5) of the Act, which requires the appellant to deposit a certain percentage of the penalty amount or the ... Against the said order of the Appellate Tribunal in Appeal. No. 71 of 2019, JLPPL filed RERA App....
• India - Consumer
PREM NARAIN
Consumer Protection Act, 1986 – Sections 21, 2(1)(o) and 14 : Consumer Protection Act, 2019 – Sections 58 ... competent authority which approves the plan issues some kind of certificate in respect of extra super area at the final stage – Though RERA ... area – Real test for excess area would be that the opposite party should provide a comparison of areas of the original approved ... Acron Developers & 2 Ors., First Appeal No. 1287 of 2014, decided on 05.11.2015 has held as follows:- “....
2019 0 Supreme(Bom) 1515 • India - Bombay
R.D.DHANUKA
Real Estate Regulation and Development Act - Dispute over construction project - Section 58 Fact of the Case: The ... Final Decision: The court dismissed the appeals, upheld the findings of the tribunal, and ordered the appellant to pay costs ... The court also dismissed the appellant's claim that the RERA provisions were not retrospective in nature. ... Being aggrieved by the said oral judgment dated 29th August 2018 passed by the said Tribunal, the appellant preferred these appeals under S....
2025 0 Supreme(All) 3123 • India - IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PANKAJ BHATIA
25, 31) ... ... (C) Interest for Delay - The Tribunal ruled that interest was owed for the delay under Section ... for delay in possession of an apartment - The Tribunal held that interest was due from 01.01.2020 to 13.10.2022 and dismissed the appeal ... (iii), from the mandate of Section 58, which prescribes for remedy of appeal before the High Court, it is essential to note that appeal can be filed on any one or more of the grounds specified under Section 100 of ....
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