PRASANTH Vs. HOYSALA PROJECTS PRIVATE LIMITED

JUDGEMENT

(1.) These Writ Appeals have been preferred challenging the common order dtd. 24/3/2026 passed by the learned Single Judge of this Court in W.P.(C) Nos. 35451, 36421, 36488, 36492, 36503 and 36658 of 2024. By the said order, as an interim measure, the learned Single Judge permitted the writ petitioner who is a promoter/builder, to make payment of the pre-deposit as mandated under the proviso to sub-sec. (5) of Sec. 43 of the Real Estate (Regulation and Development) Act, 2016 (Act 16 of 2016), calculated on the basis of the Marginal Cost of Funds based Lending Rate (MCLR) prevailing as on the date of passing of the order. The said order is under challenge in these intra-court appeals filed under Sec. 5 of the Kerala High Court Act, 1958.

(2.) Before dealing with the contentions, it would be profitable to refer to the facts which led the writ petitioner to approach this Court.

(3.) As identical issues are involved, for the sake of clarity, W.A.No. 1063 of 2026 shall be taken as the lead case. The parties shall hereinafter be referred to as "allottee/buyer" and "promoter/builder" as the case may be.