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Judgment
The appellant through instant appeal under Section 58 of Real Estate (Regulation and Development) Act, 2016 is seeking setting aside of order dated 14.07.2026 whereby Haryana Real Estate Appellate Tribunal (for short 'Tribunal') has dismissed its appeal.
The Appellate Tribunal vide impugned order has dismissed appellant's appeal on two counts namely, non-compliance of condition of pre-deposit and delay. The appellant has deposited a sum of ₹94,84,194/- as per calculations made by Executing Authority. The Registry of Appellate Tribunal made its calculations and found deficit of ₹9,07,523/- in pre-deposit.
Learned counsel for the appellant submits that learned Tribunal has dismissed appellant's appeal on two counts namely non-compliance of condition of pre-deposit and delay. The appellant as per calculation made by Executing Authority has already deposited a sum of ₹94,84,194/- whereas Registry of Tribunal has found deficit of ₹9,07,523/-. The interest of respondent is fully secured. The appellant deserves to be heard on merit. There was delay of 722 days which was duly explained before the Tribunal.
Learned counsel for the respondents submits that reason explained by appellant for delay is not sufficient, thus, present appeal may be dismissed on account of delay in filing appeal before Tribunal.
This Court considering the reason advanced in the application seeking condonation of delay and arguments of both sides finds it appropriate to hold that appeal should be heard on merits instead of dismissal on the ground of delay. With respect to pre-deposit, this Court finds that appellant has already made deposit equivalent to amount determined by Executing Authority. In any case, there is difference of very small amount, thus, interest of respondent is fully secured.
The appellant, during the course of hearing has agreed to pay costs of ₹75,000/- to the respondent.
In the backdrop, this Court finds it appropriate to set aside impugned order dated 14.07.2026. Let the appeal be adjudicated by Tribunal on merits. The appellant shall pay a sum of ₹75,000/- towards costs to the respondent within two weeks from today. Both the parties, at the first instance, would appeal before Tribunal on 14.09.2026 and thereafter as directed by Tribunal. It is further made clear that if, at any stage, Executing Authority revises its calculation, the amount of pre-deposit would be revised accordingly.
Allowed in above terms.
Pending application(s), if any, shall also stand disposed of.