DINESH SHARMA Vs. PINKY BHANSHALI

JUDGEMENT

(1.) The instant Appeal under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 (for short, the 'RERA, Act') is filed challenging the judgment and order dtd. 16/10/2023 passed in REAT/ASSAM/APPEAL No.09/2023 (for short referred to as 'the impugned judgment'). From a perusal of the said Sec. , it reveals that any person aggrieved by any decision or order of the Appellate Tribunal may file an Appeal to the High Court within a period of 60 days from the date of communication of the decision or order of the Appellate Tribunal to him on any one or more of the grounds specified in Sec. 100 of the Code of Civil Procedure, 1908 (for short, the Code).

(2.) Under such circumstances, for the purpose of entertaining the instant Appeal, this Court has to formulate substantial question(s) of law as is envisaged under Sec. 100(4) of the Code.

(3.) This Court vide an Order dtd. 19/3/2024 had asked the appellant to submit the proposed substantial questions of law on which the appellant bases his Appeal and accordingly, today Mr. M.K Sah has placed before this Court four substantial questions of law, which he proposes are involved in the instant Appeal. The said four substantial questions of law so proposed were as under: