M/S. Rajdhani Systems And Estate vs Secretary
2021 Latest Caselaw 12027 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.32921 of 2021


             M/s. Rajdhani Systems and Estate     ....             Petitioner
             Pvt. Ltd.
                                   M/s. A. Bagchi and associate, Advocates
                                        -versus-
             Secretary, Odisha Real Estate        ....      Opposite Parties
             Regulatory Authority,
             Bhubaneswar and another
                                             Smt. Suman Pattanayak, AGA

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE A. K. MOHAPATRA


                                         ORDER

23.11.2021

Order No.

02. 1. The challenge in the present writ petition is to an order dated 29th September, 2021 passed by the Odisha Real Estate Appellate Tribunal (OREAT) in OREAT Appeal No.42 of 2021, requiring the Appellant to make a pre-deposit in terms of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (the Act) within four weeks. It has been directed in the impugned order that once the said deposit is made, it will be kept in a fixed deposit in any nationalized bank for one year and it will be subject to the result of the appeal.

2. After the recent judgment of the Supreme Court dated 11th November, 2021 in C.A. Nos. 6745 of 2021 (Newtech Promotoers and Builders Pvt. Ltd. v. State of U.P.), the question of the Appellant seeking to avoid compliance of Section 43(5) of the Act while maintaining its appeal before the OREAT, and challenging the pre-deposit order by way of a writ petition, does not arise.

3. The consequence of failure to comply with the impugned order of the OREAT would mean that the appeal will automatically stand dismissed and against such dismissal again the Petitioner would have a statutory remedy as stipulated in law. Consequently, the Court is not inclined to interfere with the impugned order of the OREAT.

4. The writ petition is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice

(A. K. Mohapatra ) Judge M. Panda