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

$~ * 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 2. The Constitutional validity of Section 43(5) of the Act has been upheld by the Hon‟ble Supreme C