The court upheld the statutory requirement of depositing a portion of the demanded amount as a pre-condition for hearing appeals under RERA { Ashok Gandhi v. State of U.P. and Ors.[ (2025) ibclaw.in 476 HC]}
Facts
- Under Section 43(5) of RERA, a statutory pre-deposit (a portion of the disputed sum) is required before an appeal can proceed.
- Promoter (Ashok Gandhi) filed appeals but sought waiver or relaxation of this deposit requirement.
Held
- The High Court affirmed that the pre-deposit obligation is mandatory and clearly specified in the statute.
No discretionary power exists for the Tribunal or Court to waive or reduce this deposit requirement.
