It is a condition precedent for entertainment of the appeal filed by the promoter to deposit the requisite amount.

 

 

For informative and educative purposes only

The Hon’ble H-REAT in the recent case of-

CHD DEVELOPERS LTD.

 VERSUS

RAJESH KUMAR KHATKAR

HELD

“It is a settled principle of law that the provisions of proviso to section 43(5) of the Act are mandatory i.e. the Appellant will have to deposit 100% of the decretal amount be with the Appellate Authority before the Appeal is heard against an order of Honourable HRERA.  It is a condition precedent for entertainment of the appeal filed by the promoter to deposit the requisite amount. In the instant case, the appellant/promoter has not complied with the mandatory provisions of proviso to section 43(5) of the Act in spite, of sufficient opportunity. Consequently, the present appeal cannot be entertained and the same is hereby dismissed

 

All the best,

 

God bless u all

 

 

ADVOCATE KULDEEP KUMAR KOHLI

KOHLI AND KOHLI LAW ASSOCIATES

V-3/11, DLF PHASE III,

GURUGRAM, HARYANA – 122002

Ph:0124 401 4318

0124 4990107

Mail ID: contact@kohlilegal.com

WWW.KOHLILEGAL.COM

04.09.2021