SANSADIYA ADHIKARI WELFARE SOCIETY Vs. UTPAL KUMAR TRIPATHI

JUDGEMENT

(1.) Through the present Appeal filed under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 [hereinafter referred to as the Act], the Appellant assails the correctness of order passed on 7/2/2025 by the Ld. Real Estate Regulatory Authority Appellate Tribunal (RERA Appellate Tribunal), NCT of Delhi and UT of Chandigarh, New Delhi whereby an Appeal on account of failure to pre-deposit the decretal amount, as ordered by the Real Estate Regulatory Authority as mandated under Sec. 43(5) of the Act, was dismissed.

(2.) The Constitutional validity of Sec. 43(5) of the Act has been upheld by the Hon'ble Supreme Court vide judgment dtd. 11/11/2021 passed in Civil Appeal Nos. 6745-6749 of 2021 captioned as Ms Newtech Promoters and Developers Pvt. Ltd. Vs. State of UP and Ors etc.

(3.) Learned counsel representing the Appellant while submitting that the Appellant is not a 'promoter' as defined in the Act, has made the following submissions