1 2025:CGHC:21487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 78 of 2025 1 - M.P.G.M. Structure And Developer Through Its Director Cum Proprietor Lokesh Bhoi, S/o Nityanand Bhoi Aged 30 Years, R/o Near Budhi Mata Mandir, Rajendra Nagar, Katora Talab, Raipur, District Raipur Chhattisgarh ... Appellant versus 1 - Real Estate Regulatory Authority Chhattisgarh (Rera) Through Its Registrar, Shashtri Chowk, Raipur, District Raipur Chhattisgarh Email Office.Rera.Cg@Gov.In ... Respondent For Petitioner : Mr. Kshitij Sharma, Adv. For Respondent : None. (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 08/05/2025 1. This misc. appeal under Section 58 of the CG Real Estate (Regulation & Development) Act, 2016 (henceforth, referred to as ‘Act of 2016’) has been preferred against the impugned order dated 21-3-2025 (Annexure A-1) passed by the CG Real Estate Appellate Tribunal, Raipur (CG) (henceforth, referred to as ‘Appellate Tribunal’) in the case between M.P.G.M. Structure & Developers Versus Chhattisgarh RERA. Digitally signed by AVANISH KUMAR PATHAK Date: 2025.05.12 14:35:24 +0530 2 2. Learned counsel for the appellant submits that, CG Real Estate Regulatory Authority vide order dated 27-9-2024 (Annexure A-2), imposed penalty of Rs. 5 lakhs against the appellant under Section 59 of the Act of 2016. Being aggrieved by the same, appellant preferred an appeal before the Appellate Tribunal, in which vide order dated 10- 2-2025, the Appellate Tribunal directed the appellant to deposit 70% of the amount of penalty of Rs. 5,00,000/- i.e. Rs. 3,50,000/- under Section 43(5) of the Act of 2016, but despite providing two opportunities, the appellant could not deposit aforesaid amount. Therefore, the Appellate Tribunal dismissed the appeal vide impugned order dated 21-3-2025. 3. Learned counsel for the appellant further submits that, since appeal was dismissed on technical ground prior to its registration, merit of the case has not been considered at all. The appellant has already deposited the amount of Rs. 3,50,000, as directed by the appellate Tribunal, in the account of CG Real State Appellate Tribunal, Raipur through RTGS on 5-5-2025 in account No. 9213480418. He has also filed copy of counter foil with regard to deposit of amount of Rs. 3,50,000/-. Therefore, he prays that this appeal may be allowed and the Appellate Tribunal may be directed to register the concerned appeal and decide the same on merit in accordance with law. 4. Though notice to respondent has not been issued, but as contended by learned counsel for the appellant and as per record, the appeal was dismissed by the Appellate Tribunal vide impugned order because of non-compliance of statutory provisions of Section 43(5) of the Act of 3 2016, as despite the order passed by the Appellate Tribunal, 70% amount was not deposited by the appellant, but now learned counsel for the appellant submit that he has already deposited the amount of Rs. 3,50,000/- in the bank account No. 9213480418 of the Appellate Tribunal through RTGS and he has also filed copy of counter foil, thus mandatory compliance has been made by the appellant, therefore, without issuing notice to respondent, I feel inclined to allow this appeal. Hence, the same is allowed. The impugned order dated 21-3-2025 passed by the Appellate Tribunal in the un-registered appeal between M.P.G.M. Structure & Developers Versus Chhattisgarh RERA is set aside. The Appellate Tribunal is directed to register aforesaid appeal and decide the same on its own merit in accordance with law. 5. Appeal allowed. No cost(s). 6. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak