Abc Infrapromoters Pvt. Ltd.Thru. Atuhorized Representative Rajesh Joshi vs Mahesh Kumar Gautam and 2 Others — Allahabad HC (2026) — LawSathi Research

Abc Infrapromoters Pvt. Ltd.Thru. Atuhorized Representative Rajesh Joshi vs Mahesh Kumar Gautam and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted; notice to the respondents returnable at an early date with steps for service within seven working days; further proceedings before the U.P. Real Estate Appellate Tribunal made subject to the final outcome of the present appeal; appeal listed on 11.03.2026 along with connected matters.

Issue for consideration

Whether the learned Real Estate Appellate Tribunal erred in law in holding that the U.P. Real Estate Regulatory Authority did not travel beyond the pleadings or reliefs claimed by the complainant, despite the fact that the direction to register the appellant was never prayed for or founded on any pleading of the complaint, and despite there being no denial on behalf of the complainant that privity of contract existed only between the complainant and respondent no. 3, and not between the complainant and the appellant.

Ratio / Principle

The appeal is admitted.

Key takeaways

Notice to be issued to the other respondents, returnable at an early date, with steps for service of notice to be taken within seven working days.ratio¶¶16
Further proceedings before the U.P. Real Estate Appellate Tribunal shall be subject to the final outcome of the present appeal.ratio¶¶23

Detailed headnote1 paragraphs

Admission-stage order. The High Court of Judicature at Allahabad (Lucknow Bench), Syed Qamar Hasan Rizvi, J., admitted RERA Appeal No. 189 of 2025 filed by Abc Infrapromoters Pvt. Ltd. against the order dated 17.10.2025 of the U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No. 305 of 2024 (ABC Infrapromoters Private Limited Versus Mahesh Kumar Gautam), and carved out a substantial question of law: whether the Tribunal erred in holding that the U.P. Real Estate Regulatory Authority did not travel beyond the pleadings or reliefs claimed by the complainant, when the direction to register the appellant was never prayed for or pleaded, and there was no denial that privity of contract existed only between the complainant and respondent no. 3 and not between the complainant and the appellant. Notice was ordered to the respondents, returnable at an early date, with steps for service within seven working days; further proceedings before the Tribunal were made subject to the final outcome of the appeal; the appeal was listed for 11.03.2026 along with connected matters. No determination on merits was made; the substantial question of law remains open.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

RERA APPEAL No. - 189 of 2025

Abc Infrapromoters Pvt. Ltd.Thru. Atuhorized Representative Rajesh Joshi

.....Appellant(s)

Versus

Mahesh Kumar Gautam And 2 Others

.....Respondent(s)

Counsel for Appellant(s) : Aprajita Bansal, Anilesh Tewari, Ramit Singh, Surabhi Rawat, Zubeida Shahanshah Counsel for Respondent(s) : Saurabh Misra

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Ms. Aprajita Bansal, learned counsel for the appellant and Sri Saurabh Mishra, learned counsel for the respondent- M/s Paarth Infrabuild Pvt. Ltd.

By means of the present appeal, the appellant has assailed the order dated 17.10.2025 passed by U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No. 305 of 2024 (ABC Infrapromoters Private Limited Versus Mahesh Kumar Gautam).

The following substantial question of law is carved out for determination in this appeal:

"Whether the learned Real Estate Appellate Tribunal has erred in law in holding that the U.P. Real Estate Regulatory Authority did not travel beyond the pleadings or reliefs claimed by the complainant despite the fact that the direction to register the Appellant was never prayed for or founded on any pleading of the complaint specially when there was no denial on behalf of the complainant that there was privity of contract only between the complainant and respondent no. 3 herein and no privity of contract between the Complainant and the Appellant?

Admit.

Issue notice to the other respondents, returnable at an early date.

Steps for service of notice be taken within seven working days.

It has been informed that the Appeal No. 305 of 2024 (ABC

RERA No. 189 of 2025

2

Infrapromoters Private Limited Versus Mahesh Kumar Gautam) is pending before the learned Tribunal for further hearing.

List this appeal on 11.03.2026 along with connected matters.

It is hereby provided that further proceedings before the Tribunal shall be subject to the final outcome of the present appeal.

(Syed Qamar Hasan Rizvi,J.)

February 11, 2026

Virendra

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench