[Cites 2, Cited by 0]
Gauhati High Court
M S Sai Construction vs Sri Manik Nandi on 16 December, 2025
Page No.# 1/5
GAHC010023862025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RERA APPEAL/5/2025
M S SAI CONSTRUCTION
REPRESENTED BY ITS PROPRIETOR GAUTOM BASU, GUHA COMPLEX,
NEAR GODREJ SHOWROOM, ULUBARI, GUWAHATI, KAMRUP METRO,
ASSAM, PIN 781007
VERSUS
SRI MANIK NANDI
HOUSE NO 26 BHASKAR NAGAR, FATASIL, PS GATASIL AMBARI,
GUWAHATI, KAMRUP METRO, ASSAM, PIN 781007
Advocate for the Petitioner : MS SAPTADEEPA DAS, M KHATONIAR,MS. P BHUYAN,MR. F
E CHOUDHURY,MR D K DAS
Advocate for the Respondent : MR. A R SHOME, B U LASKAR ADVOCATE FOR
CAVEATOR,MS M KURMI
Linked Case : I.A.(Civil)/1621/2025
M S SAI CONSTRUCTION
REPRESENTED BY ITS PROPRIETOR SRI GAUTOM BASU
AGE 50 YEARS
SON OF LATE SUNIL KUMAR BASU
GUHA COMPLEX
NEAR GODREJ SHOWROOM
ULUBARI
Page No.# 2/5
GUWAHATI
KAMRUP METRO
ASSAM 781007
VERSUS
SRI MANIK NANDI
SON OF LATE BALORAM NANDI HOUSE NO.26
BHASKAR NAGAR 4TH BYE LANE
P.O BINOVANAGAR
FATASIL
P.S GATASIL AMBARI
GUWAHATI DISTRICT KAMRUP(M) ASSAM PIN-781007
------------
Advocate for : MS. S DAS
Advocate for : MR. A R SHOME appearing for SRI MANIK NANDI
Linked Case : RERA APPEAL/4/2025
Appellant
M S SAI CONSTRUCTION
REPRESENTED BY ITS PROPRIETOR SRI GAUTOM BASU
GUHA COMPLEX
NEAR GODREJ SHOWROOM
ULUBARI
GUWAHATI
KAMRUP METRO
ASSAM
VERSUS
Respondent
SMTI RAKHI NANDI
W/O SRI MANIK NANDI
HOUSE NO 26
BHASKAR NAGAR
4TH BAY LANE
BINOVANAGAR
FATASIL
P.S FATASIL AMBARI GUWAHATI KAMRUP METRO
ASSAM
------------
Page No.# 3/5
Advocate for Appellant: MR D K DAS
Advocate for Respondent: MR. A R SHOME FOR CAVEATOR appearing for SMTI
RAKHI NANDI
Linked Case : I.A.(Civil)/1037/2025
M S SAI CONSTRUCTION
REPRESENTED BY ITS PROPRIETOR SRI GAUTOM BASU
GUHA COMPLEX
NEAR GODREJ SHOWROOM
ULUBARI
GUWAHATI
KAMRUP METRO
ASSAM
VERSUS
SRI RAKHI NANDI
W/O SRI MANIK NANDI
HOUSE NO 26
BHASKAR NAGAR 4TH BAY LANE
BINOVANAGAR
FATASIL
P.S. FATASIL AMBARI
GUWAHATI
KAMRUP METRO
ASSAM
------------
Advocate for : MS SAPTADEEPA DAS
Advocate for : B U LASKAR appearing for SRI RAKHI NANDI
Linked Case : I.A.(Civil)/1174/2025
M S SAI CONSTRUCTION
REPRESENTED BY ITS PROPRIETOR SRI GAUTOM BASU
GUHA COMPLEX
NEAR GODREJ SHOWROOM
ULUBARI
GUWAHATI
KAMRUP METRO
ASSAM
Page No.# 4/5
VERSUS
SRI MANIK NANDI
HOUSE NO 26 BHASKAR NAGAR
FATASIL
GATASIL AMBARI
GUWAHATI
KAMRUP METRO
ASSAM
------------
Advocate for : MS SAPTADEEPA DAS
Advocate for : MR. A R SHOME appearing for SRI MANIK NANDI
WITH
I.A.(Civil) Case No. 1174/2025
IN
RERA APPEAL Case No. 5/2025
WITH
I.A.(Civil) Case No. 1621/2025
IN
RERA APPEAL Case No. 5/2025
WITH
RERA APPEAL Case No. 4/2025
WITH
I.A.(Civil) Case No. 1037/2025
IN
RERA APPEAL Case No. 4/2025
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
16.12.2025
1. Heard Mr. D.K. Das, the learned counsel appearing for the appellant.
Also heard Mr. A.R. Shome, the learned counsel appearing for the
caveator/respondent.
2. The learned counsel for the appellant was put a query by this court as
to whether the judgment passed by the Real Estate Appellate Tribunal, which is
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impugned in this appeal by single member of the Tribunal is protected under the
provisions of Section 55 of the Real Estate Regulation and Real Estate
(Regulation and Development) Act, 2016.
3. The learned counsel for the appellant submits that it may not be so as
Section 45 of the said Act clearly stipulates as to what should be the
constitution of the Real Estate Appellate Tribunal. He further submits that he
may be granted some time to place some more authorities in support of his
submissions.
4. The prayer is allowed.
5. Let this matter be listed on 4th February, 2026.
JUDGE
Comparing Assistant
