M/S Swami Nirman Pvt. Ltd. Thru. Director Himanshu Agarwal v. M/S Madhusudan Vehicles Pvt. Ltd. Thru. Director Rachit Agarwal
Case brief
What is this about?
RERA appeal disposed of with sequencing directions; U.P. Real Estate Appellate Tribunal, Lucknow to first decide maintainability of delay condonation application and the delay question before ruling on the appeal; appeal against Tribunal order dated 23.03.2026 in First Appeal No. D/432/2022; limitation bar of 183 days noted below; no merits adjudicated by the High Court; appellant M/s Swami Nirman Pvt. Ltd. (through Director Himanshu Agarwal); respondent M/s Madhusudan Vehicles Pvt. Ltd. (through Director Rachit Agarwal); single judge, Syed Qamar Hasan Rizvi, J.; decided May 25, 2026; keywords: condonation of delay, limitation, laches, RERA appeal, appellate tribunal directions, disposed of.
What did the court decide?
Appeal disposed of, with the consent of the parties and without adjudicating merits, directing the Uttar Pradesh Real Estate Appellate Tribunal, Lucknow to first consider the maintainability of the delay condonation application, decide the question of delay if satisfied, and pass any order on the appeal only after disposal of that application.