M S Sai Construction vs Sri Manik Nandi
2025 Latest Caselaw 9611 Gua

Gauhati High Court

M S Sai Construction vs Sri Manik Nandi on 16 December, 2025

                                                                        Page No.# 1/2

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



                                                          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
                                                                      Page No.# 2/2

                                               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 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