SANSADIYA ADHIKARI WELFARE SOCIETY (SAWS) THROUGH PRESIDENT vs UTPAL KUMAR TRIPATHI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 23.07.2025 Judgment pronounced on: 30.07.2025 + RERA APPEAL 5/2025, CM APPL. 43563/2025, CM APPL. 43564/2025, CM APPL. 43565/2025 SANSADIYA ADHIKARI WELFARE SOCIETY (SAWS) THROUGH PRESIDENT .....Appellant Through: Ms. Rekha Aggarwal, Ms. Hiteshi Kakkar, Mr. Amrit Singh K. and Mr. Aayush, Advocates. versus UTPAL KUMAR TRIPATHI & ORS . .....Respondents Through: Mr. Kunwar Chandresh, Ms. Poonam Prasad, Mr. Munis Nasir and Mr. Divyansh Singh, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal filed under Section 58 of the Real Estate (Regulation & Development) Act, 2016 [hereinafter referred to as “the Act”], the Appellant assails the correctness of order passed on 07.02.2025 by the Ld. Real Estate Regulatory Authority Appellate Tribunal (RERA Appellate Tribunal), NCT of Delhi and UT of Chandigarh, New Delhi whereby an Appeal on account of failure to pre-deposit the decretal amount, as ordered by the Real Estate Signature Not Verified Signed By:JAI NARAYAN RERA APPEAL 5/2025 Page 1 of 8 Signing Date:30.07.2025 10:34:33 Regulatory Authority as mandated under Section 43(5) of the Act, was dismissed. 2. The Constitutional validity of Section 43(5) of the Act has been upheld by the Hon‟ble Supreme Court vide judgment dated 11.11.2021 passed in Civil Appeal Nos. 6745-6749 of 2021 captioned as M/s Newtech Promoters and Developers Pvt. Ltd. Vs. State of UP and Ors etc. 3. Learned counsel representing the Appellant while submitting that the Appellant is not a „promoter‟ as defined in the Act, has made the following submissions: i. Appellant is a welfare society registered under the Societies Registration A