APEX BUILDWELL PRIVATE LIMITED Vs. SACHIN KUMAR

JUDGEMENT

(1.) Through this judgment, various appeals filed under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the 2016 Act') shall stand disposed of, wherein the promoter/developer has challenged the various identical orders passed by Haryana Real Estate Regulatory Authority (hereinafter referred to 'HRERA'), which have been affirmed by the Haryana Real Estate Appellate Tribunal (hereinafter referred to as 'Tribunal'). In the background of the various judgments passed by the Supreme Court interpreting the provisions of the 2016 Act, the learned Senior counsel representing the appellant has restricted his arguments only on the following two issues:-

(2.) It may be noted here that as per Sec. 48 of the 2016 Act, the appeal to the High Court is maintainable only on a substantial question of law as provided under Sec. 100 of Code of Civil Procedure, 1908. So for entertaining an appeal under Sec. 58 of the 2016 Act, the High Court is required to be satisfied that the case involves a substantial question of law which is a sine qua non.

(3.) Some facts are required to be noticed.