Case law, Tamil Nadu land law
Appeal (SR) No.535 of 2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands), in Appeal (SR) No.535 of 2023 dated 21 August 2023, dismissed an appeal by M/s. Eco Bay Developers and Builders Private Limited as not maintainable because the required pre-deposit had not been made. The appeal challenged an order of the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority directing the issue of a recovery warrant.
What the Tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal dismissed Appeal (SR) No.535 of 2023 as not maintainable. M/s. Eco Bay Developers and Builders Private Limited had filed the appeal against K. Saravana Eswaran, seeking modification of an order passed by the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority.
The Tribunal recorded that the appellant had not deposited the pre-deposit amount contemplated under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016. It held that an appeal filed without this pre-deposit could not be entertained.
Background to the appeal
Appeal (SR) No.535 of 2023 challenged the order in E.P.No.28/2021 in C.C.P.No.64/2019, dated 3 January 2022. In that proceeding, the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority had directed the issue of a recovery warrant under Section 40(1) of the Real Estate (Regulation and Development) Act, 2016.
The appellant company was represented in person by its directors, Jayaraj H and Christopher Wilson Fernandes. The respondent was K. Saravana Eswaran.
Reason for dismissal
The Tamil Nadu Real Estate Appellate Tribunal relied on the Supreme Court judgment reported as 2021 SCC OnLine SC 1044, M/s. Newtech Promoters and Developers Private Limited v. State of Uttar Pradesh and others. The Tribunal stated that the Supreme Court had categorically held the requirement under Section 43(5) to be mandatory.
The Tribunal therefore dismissed the appeal solely on the recorded ground that it was not maintainable without the pre-deposit.
Who may be affected
Appeal (SR) No.535 of 2023 directly affects M/s. Eco Bay Developers and Builders Private Limited and K. Saravana Eswaran. It is also relevant to parties considering an appeal before the Tamil Nadu Real Estate Appellate Tribunal where Section 43(5) requires a pre-deposit.
Key points
- The challenged decision directed the issue of a recovery warrant.
- The Tribunal Registry questioned whether the appeal was maintainable without the pre-deposit.
- The Tribunal treated the pre-deposit requirement as mandatory.
- The source does not state the amount that had to be deposited.
- The appeal was dismissed as not maintainable.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a promoter's appeal be entertained without the required pre-deposit?
The Tamil Nadu Real Estate Appellate Tribunal held in Appeal (SR) No.535 of 2023 that the appeal could not be entertained without the pre-deposit contemplated under Section 43(5).
What order was Eco Bay Developers challenging?
M/s. Eco Bay Developers and Builders Private Limited challenged an order in E.P.No.28/2021 in C.C.P.No.64/2019 that directed the issue of a recovery warrant under Section 40(1).
Did the Tribunal specify the pre-deposit amount?
No amount is stated in the source. It only records that the appellant failed to make the pre-deposit contemplated under Section 43(5).
Why did the Tribunal treat the pre-deposit as mandatory?
The Tribunal relied on the Supreme Court judgment reported as 2021 SCC OnLine SC 1044, M/s. Newtech Promoters and Developers Private Limited v. State of Uttar Pradesh and others.
