BPTP Gets Two Weeks To Deposit ₹32.61 Lakh For Tribunal To Hear Its Homebuyer-Dues Appeal: P&H HC

The Authority’s order dated 27 May 2022 directed the promoter, among other things, to pay delayed-possession interest and the allottees to pay any outstanding dues after adjustment

In execution, the Adjudicating Officer calculated that ₹33,50,924 was payable to the appellant.

The appellant challenged the execution orders before the Appellate Tribunal, which dismissed its appeal for failure to comply with the pre-deposit condition.

Before the High Court, the appellant disputed the calculation and sought to pursue its Tribunal appeal; the respondent stated that it had deposited part of the amount with RERA and paid part to the appellant towards stamp duty

The appellant invoked Section 58 of the Real Estate (Regulation and Development) Act, 2016, to appeal to the High Court

The Tribunal had required a pre-deposit as a condition for the appellant’s appeal, but the High Court did not identify a specific statutory provision governing that requirement or state a broader legal test.

Instead, it disposed of the matter on the parties’ statements, without expressing an opinion on the merits.

The Tribunal had directed a pre-deposit of ₹32,61,228, while the parties disputed the amount outstanding under the Adjudicating Officer’s calculation and the appellant’s own calculation

Once the appellant stated that it wished to pursue its Tribunal appeal and was ready to make the pre-deposit, the High Court considered it appropriate to allow the appeal to proceed upon payment.

It left the competing calculations and merits for the Tribunal to consider

Upon deposit, the Tribunal was directed to hear the appellant’s appeal on its merits

Pending applications, if any, were also disposed of