Appellant / Complainant
Sethia Realty Pvt. Ltd., Devidayal Aluminium Industries Private Limited
Respondent
Tulsiani Construction and Developers Pvt. Ltd., Laltesh Gupta, U.P. Real Estate Regulatory Authority Gautam Budh Nagar Bench, Parsvnath Buildwell Private Limited
tulsiani construction and developers pvt. ltd.
₹45,41,932
Respondent
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126025032021 by Sethia Realty Pvt. Ltd., Devidayal Aluminium Industries Private Limited against Tulsiani Construction and Developers Pvt. Ltd., Laltesh Gupta, U.P. Real Estate Regulatory Authority Gautam Budh Nagar Bench, Parsvnath Buildwell Private Limited before up_rera.
Further Hearing
The Tribunal dismissed the applicant's application for exemption from pre-depositing the statutory amount under Section 43(5) of the Act, ruling that compliance with pre-deposit requirements is mandatory for a promoter to have an appeal entertained.
Final Hearing
The Tribunal granted an adjournment request from the appellant's counsel due to a scheduling conflict and rescheduled the defective appeal for hearing on 01.04.2022.
to file objections and its reply
The Tribunal adjourned the case to 03.02.2022 and directed the appellant's counsel to ensure compliance with the provisions of Section 43(5) of the Act.
to file objections and its reply
The Tribunal granted the appellant an extension of one week to prepare their brief and directed the counsel to ensure compliance with Section 43(5) of the Act pending the next hearing on 10.01.2022.
Hearing
The Tribunal raised a substantive legal question regarding the maintainability of an appeal filed by a party that was not originally part of the complaint case and directed counsel to present relevant law on whether an order can be passed against a non-party without a hearing.
Hearing
The Tribunal granted the appellant a one-week extension to comply with the order dated 16.08.2021, warning that failure to do so by the next hearing will result in the dismissal of the appeal for non-compliance.
Hearing
The appellant's counsel requested and was granted a three-day extension to ensure compliance with the previous order dated 16.08.2021, with the matter rescheduled for 18.10.2021.
Hearing
The Tribunal noted the absence of parties and directed that the defective appeal be listed on 16.09.2021, while instructing counsel to comply with a previous order dated 16.08.2021.
Delay condonation
The Tribunal directed the appellant to produce necessary documents, including development rights and flat buyer agreements, to determine their status as a promoter under Section 43(5) of the Act.
Hearing on Appeal
The Tribunal granted the appellant's counsel one week to study a previous related judgment before making submissions and scheduled the defective appeal for hearing on 16.08.2021.
Defect Removal
The Tribunal granted the appellant a one-week extension to prepare an application for exemption from compliance with Section 43(5) of the Act and rescheduled the defective appeal for hearing on 06.08.2021.
Tribunal Order #0901126025032021-28-02-2022
The Tribunal granted the appellant an extension of one week to prepare their brief and directed the counsel to ensure compliance with Section 43(5) of the Act pending the next hearing on 10.01.2022.
Tribunal Order #0901126025032021-01-04-2022
The Tribunal dismissed the applicant's application for exemption from pre-depositing the statutory amount under Section 43(5) of the Act, ruling that compliance with pre-deposit requirements is mandatory for a promoter to have an appeal entertained.
Tribunal Order #0901126025032021-14-03-2022
The Tribunal adjourned the case to 03.02.2022 and directed the appellant's counsel to ensure compliance with the provisions of Section 43(5) of the Act.
Tribunal Order #0901126025032021-06-12-2021
The Tribunal granted the appellant a one-week extension to comply with the order dated 16.08.2021, warning that failure to do so by the next hearing will result in the dismissal of the appeal for non-compliance.
Tribunal Order #0901126025032021-18-01-2022
The Tribunal raised a substantive legal question regarding the maintainability of an appeal filed by a party that was not originally part of the complaint case and directed counsel to present relevant law on whether an order can be passed against a non-party without a hearing.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the applicant's application for exemption from pre-depositing the statutory amount under Section 43(5) of the Act, ruling that compliance with pre-deposit requirements is mandatory for a promoter to have an appeal entertained. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the applicant's application for exemption from pre-depositing the statutory amount under Section 43(5) of the Act, ruling that compliance with pre-deposit requirements is mandatory for a promoter to have an appeal entertained.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% p.a.
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Himanshu Hemant Gupta
- Manu Lakhotiya
- Lakshay Jindal
- Saksham Singh
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (5)
The Tribunal granted the appellant an extension of one week to prepare their brief and directed the counsel to ensure compliance with Section 43(5) of the Act pending the next hearing on 10.01.2022.
The Tribunal dismissed the applicant's application for exemption from pre-depositing the statutory amount under Section 43(5) of the Act, ruling that compliance with pre-deposit requirements is mandatory for a promoter to have an appeal entertained.
The Tribunal adjourned the case to 03.02.2022 and directed the appellant's counsel to ensure compliance with the provisions of Section 43(5) of the Act.
The Tribunal granted the appellant a one-week extension to comply with the order dated 16.08.2021, warning that failure to do so by the next hearing will result in the dismissal of the appeal for non-compliance.
The Tribunal raised a substantive legal question regarding the maintainability of an appeal filed by a party that was not originally part of the complaint case and directed counsel to present relevant law on whether an order can be passed against a non-party without a hearing.
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