High Court · 2025
Case Details
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Appellant :- Ratan Buildtech Private Limited Kanpur Thru. Practicing Company Secy. Mr. Alakh Pandey Respondent :- Gaurav Singh Counsel for Appellant :- Prashant Kumar Singh Counsel for Respondent :- Azhar Ikram,Manish Singh With Case :- RERA APPEAL No. - 30 of 2024 Appellant :- Ratan Buildtech Private Ltd., Kanpur Thru. Practicing Company Secretary, Mr. Alakh Pandey Respondent :- Kaushal Kumar Jha And Another Counsel for Appellant :- Prashant Kumar Singh Counsel for Respondent :- Manish Singh,Azhar Ikram With Case :- RERA APPEAL No. - 26 of 2024 Appellant :- M/S Saya Homes Private Ltd. Thru. Its Authorized Representative Rajneesh Kumar Respondent :- Mr. Anil Kumar Gauba Counsel for Appellant :- Rohit Jaiswal,Mohit Gupta,Shankar Dayal Jaiswal Counsel for Respondent :- Abhishek Khare,Aahuti Agarwal,Navneet Yadav Hon'ble Pankaj Bhatia,J.
1. Heard Shri Sudeep Seth, learned Senior Advocate assisted by Shri Kartikey Dubey, learned counsel for the appellant and Shri Deepak Dwivedi, learned counsel for the respondent.
2. The said appeals were admitted by means of the order dated 01.11.2024 and similar orders passed on different dates, wherein two questions were framed. However, at the time of the hearing, the third question with regard to the jurisdiction arises. As such, an additional substantial question of law to the following effect is framed.
3. Whether, the order passed by a Bench comprising of the Chairman and a Judicial Member, would be a proper Tribunal in terms of the prescriptions contained in Section 43(3) of the RERA Act, 2016 read with Rules framed thereunder?
4. The issue with regard to the jurisdiction involved in the present appeals has already been considered by this Court in the of Shashank Gupta Vs. M/s Vatika Nirman Private Limited, Lucknow (RERA Appeal No.8 of 2024) Neutral Citation No.2025: AHC-LKO:48238.
5. Following the said judgement, the orders passed by the Appellate Tribunal and impugned in the present appeals is held to be null and void and is, accordingly, set aside.
6. The matter is remanded to the Appellate Tribunal to pass fresh order, in accordance with law.
7. The appeals are allowed. Order Date :- 20.8.2025 Ashutosh ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench
Appellant :- Ratan Buildtech Private Limited Kanpur Thru. Practicing Company Secy. Mr. Alakh Pandey Respondent :- Gaurav Singh Counsel for Appellant :- Prashant Kumar Singh Counsel for Respondent :- Azhar Ikram,Manish Singh With Case :- RERA APPEAL No. - 30 of 2024 Appellant :- Ratan Buildtech Private Ltd., Kanpur Thru. Practicing Company Secretary, Mr. Alakh Pandey Respondent :- Kaushal Kumar Jha And Another Counsel for Appellant :- Prashant Kumar Singh Counsel for Respondent :- Manish Singh,Azhar Ikram With Case :- RERA APPEAL No. - 26 of 2024 Appellant :- M/S Saya Homes Private Ltd. Thru. Its Authorized Representative Rajneesh Kumar Respondent :- Mr. Anil Kumar Gauba Counsel for Appellant :- Rohit Jaiswal,Mohit Gupta,Shankar Dayal Jaiswal Counsel for Respondent :- Abhishek Khare,Aahuti Agarwal,Navneet Yadav Hon'ble Pankaj Bhatia,J.
1. Heard Shri Sudeep Seth, learned Senior Advocate assisted by Shri Kartikey Dubey, learned counsel for the appellant and Shri Deepak Dwivedi, learned counsel for the respondent.
2. The said appeals were admitted by means of the order dated 01.11.2024 and similar orders passed on different dates, wherein two questions were framed. However, at the time of the hearing, the third question with regard to the jurisdiction arises. As such, an additional substantial question of law to the following effect is framed.
3. Whether, the order passed by a Bench comprising of the Chairman and a Judicial Member, would be a proper Tribunal in terms of the prescriptions contained in Section 43(3) of the RERA Act, 2016 read with Rules framed thereunder?
4. The issue with regard to the jurisdiction involved in the present appeals has already been considered by this Court in the of Shashank Gupta Vs. M/s Vatika Nirman Private Limited, Lucknow (RERA Appeal No.8 of 2024) Neutral Citation No.2025: AHC-LKO:48238.
5. Following the said judgement, the orders passed by the Appellate Tribunal and impugned in the present appeals is held to be null and void and is, accordingly, set aside.
6. The matter is remanded to the Appellate Tribunal to pass fresh order, in accordance with law.
7. The appeals are allowed. Order Date :- 20.8.2025 Ashutosh ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench