HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW RERA APPEAL DEFECTIVE No. - 14 of 2024 Court No. - 6 HON'BLE PANKAJ BHATIA, J. Order on C.M. Application No.1 of 2024 1. The present application has been filed seeking condonation of delay in filing the appeal. 2. The cause shown is sufficient. The application is allowed. 3. The delay in filing the appeal is condoned. Order on RERA Appeal 4. The present petition has been filed challenging the judgment dated 01.04.2024 passed by the Chairman and the Judicial Member. 5. In the said judgment, it was observed that the compliance of Section 43 (5) of The Real Estate (Regulation and Development) Act, 2016 was not made. On the basis of the said judgment and arguments advanced, the following substantial questions of law are being framed for determination: (i) Whether, the judgment given by the forum comprising of a Chairman and a Judicial Member is validly constituted bench as prescribed under Section 43 of the RERA Act. Versus Counsel for Appellant(s) : Ajay Shukla, Mukteshwar Mishra, Poornendra Kumar Awasthi Counsel for Respondent(s) : Prashant Kumar, Fuhar Gupta, Shobhit Mohan Shukla Sudha Realtors Pvt. Ltd. Thru. Its Director Rajesh Singh .....Appellant(s) Pradeep Kumar Gupta And 2 Others .....Respondent(s) (ii) Whether, the appeal can be dismissed without there being compliance of Section 43(5) of the RERA Act instead of giving opportunity to deposit the same. 6. The Counsel for the respondent states that the appellant had approached this Court by filing Writ-C No.7828 of 2025 against the execution proceedings, however, the writ petition was dismissed leaving it open to the petitioner to approach the appropriate forum. 7. Considering the abovesaid two issues as framed, the issue with regard to the forum non-judice on account of absence of an Administrative Member were decided by this Court in the case of Shashank Gupta vs M/s Vatika Nirman Private Limited: 2025:AHC-LKO:48238, as such, on the sole ground that the order impugned is not by a bench, which is prescribed under Section 43(3), thus, without jurisdiction is decided in favour of the appellant. 8. In view of above, the appellate judgment dated 01.04.2024 is set aside and the appeal is dismissed. 9. The matter is remanded to the appellate authority to decide the matter afresh. 10. It will be open to the appellant to approach the appellate tribunal where they have deposited the amount and were adjudicated. They were also entitled to move an interim relief application, if they so desire. 11. In case such an application for interim relief is filed, the same shall be considered expeditiously preferably within a period of two weeks from the date of filing the application. September 4, 2025 akverma RERAD No. 14 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench