The appellant's application seeking attachment of a flat in lieu ...
Offer of flat rejected, pre-deposit mandatory for RERA appeal despite moratorium in different project's insolvency.
December 14, 2024
Case Laws Companies Law HC
The appellant's application seeking attachment of a flat in lieu of the mandatory pre-deposit u/s 43(5) of the RERA was dismissed. The court held that the appellant cannot claim benefit of the moratorium issued by the NCLT for an exemption from making the pre-deposit, as the insolvency resolution process pertains to a different project. The court upheld the requirement of pre-deposit as a precondition for hearing appeals under RERA, as affirmed by the Supreme Court, rejecting the appellant's offer of a flat as security. Consequently, the appeal was dismissed.
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