M/S Antriksh Realtech Pvt. Ltd. Ghaziabad Thru. Auth. Signatory Mr. Rajesh Kumar v. Amit Saxena
RERA Appeal (Defective) – Condonation of delay
Case brief
What is this about?
Antriksh Realtech Pvt. Ltd. v. Amit Saxena; RERA APPEAL DEFECTIVE No. 9 of 2024; Allahabad High Court, Lucknow Bench; Subhash Vidyarthi, J.; order dated 10.5.2024; condonation of delay 32 days; constitution/composition of Real Estate Appellate Tribunal Bench; Chairman and Judicial Member only; absence of administrative or technical member; Section 43(3) Real Estate (Regulation and Development) Act 2016; Regulation 6(5) Chapter 5 U.P. Real Estate Appellate Tribunal Regulations 2019; I.A. No. 1009/2023; Appeal No. 134/2019; RERA Authority award 26.03.2019; order set aside; remand for fresh orders within four weeks; admission-stage allowance.
What did the court decide?
Delay of 32 days condoned; appeal allowed at the admission stage; impugned order dated 17.01.2024 set aside; matter remanded to the Real Estate Appellate Tribunal for fresh orders in view of Section 43(3) of the Real Estate (Regulation and Development) Act, 2016 and Regulation 6(5) of the U.P. Real Estate Appellate Tribunal Regulations, 2019, within four weeks from production of a certified copy; parties directed to cooperate in expeditious disposal without unnecessary adjournments.