Lko. Development Authority Lko. Thru. Authrorized Signatory Madhavesh Kumar vs Vijai Raj Saxena — Allahabad HC (2025) — LawSathi Research

Lko. Development Authority Lko. Thru. Authrorized Signatory Madhavesh Kumar vs Vijai Raj Saxena — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted on two questions of law; the interim direction in para no.17 of the order dated 28.04.2025 passed in RERA Appeal No. 41 of 2025 extended to the present appeal; matter to be listed after six weeks.

Issue for consideration

Whether the Appellate Tribunal was justified in granting delayed interest for the period mentioned in para 18(ii) of its impugned order dated 11.03.2025 without making any determination and without recording any reasons. +1 more

Ratio / Principle

The appeal is admitted on the two questions of law framed concerning the Appellate Tribunal's impugned order dated 11.03.2025.

Key takeaways

Prima facie, the report on limitation marked by the Registrar does not appear to be correct, as the certified copy of the impugned order was made available on 11.06.2025; accordingly the appeal is admitted notwithstanding the defective marking.ratio¶5
The interim direction given in para no.17 of the order dated 28.04.2025 passed in RERA Appeal No. 41 of 2025 shall apply to the present appeal also.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Pankaj Bhatia, J.), Order dated 24.7.2025 in RERA Appeal Defective No. 65 of 2025: appeal of Lko. Development Authority (through authorized signatory Madhavesh Kumar; counsel Abhishek Khare) against Vijai Raj Saxena admitted on two questions of law arising from the Appellate Tribunal's impugned order dated 11.03.2025 — (i) justification for granting delayed interest per para 18(ii) without any determination or recorded reasons; (ii) justification for the para 18(iii) direction, given that the pre-deposit under Section 43(5) of the Act of 2016 serves the statutory requirement of maintaining the appeal, whether such pre-deposit may be appropriated after a decision favouring the respondent despite separate execution provisions in the Act, and whether execution is thereby bypassed. Prima facie the Registrar's limitation report deemed incorrect since the certified copy of the impugned order was made available on 11.06.2025. The interim direction of para no.17 of the order dated 28.04.2025 in the similarly situated RERA Appeal No. 41 of 2025 applies to this appeal. List after six weeks.

Court No. - 7

Case :- RERA APPEAL DEFECTIVE No. - 65 of 2025

Appellant :- Lko. Development Authority Lko. Thru. Authrorized Signatory Madhavesh Kumar Respondent :- Vijai Raj Saxena Counsel for Appellant :- Abhishek Khare

Hon'ble Pankaj Bhatia,J.

Prima facie, as per the submission of learned counsel for the appellant, the certified copy of the impugned order was made available on 11.06.2025. Accordingly, the report on limitation, as marked by the Registrar, does not appear to be correct.

It is further submitted that a similarly situated matter bearing RERA Appeal No. 41 of 2025 is pending, wherein, vide order dated 28.04.2025, certain questions have been framed, as indicated in paragraph no.15 thereof.

Admit on the following questions of law :-

(i). Whether the Appellate Tribunal was justified in granting delayed interest for a period which is mentioned in its impugned order dated 11.03.2025 para 18(ii) without making any determination and without recording any reasons in respect thereof.

(ii). Whether the Appellate Tribunal was justified in making a direction as contained in para 18 (iii) of the impugned order without considering the fact that the deposit made in terms of Section 43 (5) of the Act of 2016 is primarily for the purposes of satisfying the statutory requirement of maintaining the appeal and in such circumstances, whether the pre deposit so made can be appropriated after the decision is made in favour of the respondent for whom there are separate provisions for execution in the Act and in this light whether the execution can be bye passed by taking recourse to issuing such a direction?

List after six weeks.

The interim direction given in para no.17 of order

dated 28.04.2025 passed in RERA Appeal No. 41 of 2025 shall apply to the present appeal also.

(Pankaj Bhatia, J)

Order Date :- 24.7.2025 A.Dewal

Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench