M/S Alpine Infra Projects Ltd., Ghazizbad Thru. Authorized Representative, Mr. Neeraj Gupta v. Satish Pathak
Case brief
What is this about?
RERA appeal admission; Section 58 Real Estate (Regulation & Development) Act 2016; U.P. Real Estate Appellate Tribunal Appeal No. 4 of 2023; impugned order dated 27.01.2025; substantial questions of law; restoration of possession of unit; perverse finding; third-party right created during pendency; conveyance deed executed 27.09.2023; misrepresentation and fraud before RERA authority/Tribunal; suo-moto initiation of proceedings under Chapter VIII U.P. RERA Act without pleading or prayer; interim relief - execution proceedings in abeyance; status quo on unit; listing week commencing 23.03.2026; Allahabad High Court Lucknow Bench; Syed Qamar Hasan Rizvi, J.; appellant M/s Alpine Infra Projects Ltd.; respondent Satish Pathak.
What did the court decide?
Appeal admitted on the framed substantial questions of law; interim relief granted: (i) execution proceedings pursuant to the impugned order dated 27.01.2025 of the U.P. Real Estate Appellate Tribunal in Appeal No. 4 of 2023 to remain in abeyance; (ii) parties to maintain status quo in respect of the unit in question till the next date of listing; case listed for the week commencing 23.03.2026.