1 2025:CGHC:4604-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 23 of 2025 1 - M/s. Rajat Builders Through Anjay Surana (Partner), Address Near Shiv Mandir, Shivpara, Durg, Chhattisgarh 2 - Anjay Surana S/o Shri Phoolchand Surana Aged About 57 Years Address Near Shiv Mandir, Shivpara, Durg Chhattisgarh, Present Address Sharda Talkies, Indira Market, Durg, Chhattisgarh 3 - Rajat Surana S/o Shri Anjay Surana Aged About 32 Years Address Near Shiv Mandir, Shivpara, Durg Chhattisgarh, Present Address Sharda Talkies, Indira Market, Durg, Chhattisgarh ---Appellants versus 1 - Siddharth Kothari S/o Shri Suresh Kothari (Jain) R/o HIG 160, Padmanabhpur, District Durg, Chhattisgarh 2 - Nehru Lal Munda S/o Shri Mohanlal Munda R/o Polsaipara, District Durg Chhattisgarh --- Respondents ___________________________________________________________________________ For Appellants : Mr. Mayank Kumar, Advocate. ___________________________________________________________________ Hon'ble Smt Justice Rajani Dubey J. Hon’ble Shri Justice Narendra Kumar Vyas, J. Order on Board Per, Rajani Dubey , Judge 27.01.2025 1. This appeal is preferred against the impugned order dated 30.12.2024 (Annexure A/1) passed by learned Chhattisgarh Real Estate Appellate Tribunal, Raipur in unregistered Appeal bearing Appeal No. Nil/2024, whereby the learned Appellate Tribunal dismissed the appeal of the appellants Digitally signed by AMIT PATEL Date: 2025.01.29 16:06:24 +0530 2 for not depositing the entire amount as per its previous order dated 16.12.2024, for the purpose of admission and registration of their appeal before the learned Appellate Tribunal. Hence, the present appeal. 2. Heard on I.A. No. 01/2025, which is an application for grant of interim relief/stay. 3. Learned counsel for the appellants submits that the impugned order dated 30.12.2024 (Annexure A/1) passed by learned Real Estate Appellate Tribunal is per se bad in the eyes of law and thus, liable to be set aside. He further submits that no proper opportunity of hearing was granted to the appellants despite the fact that the case was well merited and vide order dated 16.12.2024, learned Appellate Tribunal erred in directing the entire remaining amount of the directed amount of Rs. 36,92,600/- in absence of any provision to recall its previous order and directed to deposit the entire remaining amount, when the appellants have bonafidely deposited the 50% of the amount for admission and registration of their appeal and directing the entire amount of the amount to be deposited prior to admission of the appeal will be financially difficult for the appellants. It is pertinent that while passing the impugned order, learned Appellate Tribunal observed in its order dated 30.12.2024 that the Judicial Member is on leave and quorum is not complete. So, the impugned order dated 30.12.2024 (Annexure A/1) is liable to be set aside and this appeal deserves to be admitted for hearing. 4. We have heard learned counsel for the appellants and perused the material available on record including the impugned order. 5. It is evident from order-sheets of learned Appellate Tribunal that the appellant filed an appeal before the learned Appellate Tribunal against the order dated 3 07.08.2024 (Annexure A/2) passed by RERA in Case No. M-PRO-2024- 02383, whereby the learned RERA directed the appellant to refund/return the total amount of Rs. 36,92,600/- to the respondent. 6. It is evident from the order sheet dated 16.12.2024 that the learned Appellate Tribunal, as per Hon’ble Apex Court guidelines, directed the appellants to deposit the total amount to be paid to the allottee and learned Appellate Tribunal directed the appellants to deposit the entire remaining amount i.e., Rs. 18,07,780/- till the next date of hearing, failing which, the appeal shall stands dismissed and case was fixed for 30.12.2024. On 30.12.2024, the learned Appellate Tribunal dismissed the appeal on the ground of non- compliance of previous order dated 16.12.2024. 7. Learned counsel for the appellants submits that being aggrieved by the aforesaid order, the appellant preferred a miscellaneous appeal (MA No. 137/2024) before this High Court, but before that learned Appellate Tribunal dismissed the appeal of the appellants, so the impugned order is liable to be set aside. 8. It is evident from order dated 16.12.2024 that the learned Appellate Tribunal directed the appellants to deposit the entire amount on the ground that in case, where the appeal is against any other order which involves the return of the amount to the allottee, the promoter is under obligation to deposit with the Appellate Tribunal the total amount to be paid to the allottee, which includes interest and compensation imposed on him, if any, or with both, as the case may be, before the appeal is to be instituted. 9. Learned Appellate Tribunal passed this order after observing guidelines of Hon’ble Apex Court, we do not find any illegality or irregularity in this order 4 and the said order passed by learned Appellate Tribunal is on the basis of Hon’ble Apex Court guidelines and according to provisions of Real Estate (Regulation and Development) Act, 2016 and after that vide impugned order dated 30.12.2024 (Annexure- A/1) dismissed the appeal. Thus, this appeal is without any merit and we are not inclined to interfere with this order. 10.However, three weeks’ time is granted to the appellants to deposit the remaining amount before learned Appellate Tribunal as per direction of learned Appellate Tribunal from the date of receipt of copy of this order and if the remaining amount is deposited within the stipulated time i.e., three weeks, then the appeal shall be restored to its original number and learned Appellate Tribunal is directed to hear the appeal finally on its own merits. 11.With the aforesaid direction, the instant appeal is disposed of. Sd/- Sd/- (Rajani Dubey) (Narendra Kumar Vyas) JUDGE JUDGE AMIT PATEL