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Uttarakhand High Court
Jwalajee Apartments Partnership vs Om Prakash Gupta And Another on 13 March, 2026
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
RERA APPEAL NO. 03 OF 2021
13TH MARCH, 2026
Jwalajee Apartments Partnership
Firm and another ...... Appellant
Versus
Om Prakash Gupta and another ...... Respondents
Counsel for the appellant : Mr. Kanwaljit Singh, learned counsel
through video conferencing
Counsel for the respondents : None present
The Court made the following:
ORDER:
Modification Application (MCC No. 11 of 2026)
1. Heard Mr. Kanwaljit Singh, learned counsel
appearing for the applicant / appellant.
2. Mr. Neeraj Garg, learned counsel has accepted
notice on behalf of respondent No. 1, but he is not
present.
3. On 30.10.2023, the instant appeal was disposed
of by the following order :
"Present Mr. Piyush Garg, counsel for the
appellants.
2. Present Mr. Neeraj Garg, counsel for respondent
no.1 through V.C.
3. Learned counsel for the appellants would submit
that by way of this appeal the appellants seek to
challenge the order dated 10.02.2021 (wrongly typed as
10.02.2020) passed by Uttarakhand Real Estate
Appellate Tribunal, Dehradun in Misc. Application
No.02/2021 whereby the learned Tribunal has ordered
the appellants to show their bonafide by depositing 50%
of the amount of ₹ 20,00,000/- and the interest due
thereon within a period of 15 days.
4. He would further submit that proviso to sub-
section (5) of Section 43 of the RERA Act (Act No.16 of
2016) provides for deposit of minimum of 30% but the
learned Tribunal has ordered to deposit 50% without any
valid reason.
5. Counsel for respondent no.1 would submit that
he has no objection if the appellants are directed to
deposit 30% of ₹ 20,00,000/- with interest due thereon,
instead of 50% as directed by the Authority.
6. Counsel for the appellants also agrees to the said
proposal.
7. In view of the above, with the consent of learned
counsel for both the parties, the present appeal is
disposed of. Impugned order dated 10.02.2021 (wrongly
typed as 10.02.2020) is set aside. The appellants are
directed to deposit 30% of ₹ 20,00,000/- with interest
due thereon within one month from today."
4. Thereafter an application for modification of the
order was filed and it was disposed of by the following
order dated 16.10.2025 :
"Mr. Piyush Garg, learned counsel for the appellants
/ applicant.
2. Appellants have filed the impleadment application
with prayer to carry out following amendments in the
modification application:-
a) After the name and details of respondent no.1 in
the modification application, the word "Deceased"
may kindly be permitted to be incorporated.
b) After the name and details of respondent no.1
and after incorporation of the aforesaid
amendment, the following may kindly be permitted
to be incorporated:-
"1/1. Smt. Sandhya Gupta w/o Late Om
Prakash Gupta R/o 117/45, Kakadev
Market, Kanpur -208 025 U.P."
3. Impleadment application (IA/9/2025) is allowed
for the reasons stated therein.
4. Let amended memo of parties be filed within 24
hours.
5. Appellants have filed the modification application
for modifying the order dated 30.10.2023. By the said
order, the appellants were directed to deposit 30% of
₹20 lakh with interest due thereon within one month
from the date of passing of the said order.
6. Learned counsel for the appellants contends that
the Uttarakhand Real Estate Appellate Tribunal,
Dehradun had directed the appellants to deposit 50% of
the amount of ₹20 lakh and the interest due as per the
order of the learned authority (RERA) and against the
said order, the instant appeal was filed before the High
Court. Vide order dated 30.10.2023, the said order was
modified and the appellants were directed to deposit 30%
of ₹20 lakh with interest within one month.
7. Counsel for the appellants submits that due to ill-
health of the appellant the order could not be complied
with, however, a sum of ₹20 lakh was deposited in the
execution proceeding initiated against the appellants by
respondent no.1, as such, the order as passed by the
Hon'ble Court on 30.10.2023 was complied with as the
amount of ₹20 lakh was deposited, which is more than
the amount ordered to be deposited by the Hon'ble Court
or by the Uttarakhand Real Estate Appellate Tribunal.
8. Counsel for the appellants, as such, contends
that though the order passed by the Hon'ble Court has
been complied with, however, as the appellants were
directed to deposit 30% of ₹20 lakh with interest within
one month from the date of passing of the order, as
such, the said order may be modified and it may be
provided that 30% of ₹20 lakh with interest due thereon
which was to be deposited within one month w.e.f.
30.10.2023 be complied within three weeks.
9. In view of the above, the modification application
is allowed. The order dated 30.10.2023 is modified and
the directions to deposit 30% of ₹20 lakh with interest
due thereon within one month from the date of passing
of the order i.e. 30.10.2023 is modified and the time to
comply the said direction is extended by three weeks."
5. Now, an application has been filed, bearing No.
11 of 2026, by which again prayer has been made for
modification, this time of the order dated 16.10.2025, by
which the previous modification application was disposed
of. It is submitted that the appellants have already
deposited more than 30% of Rs.20,00,000/- with interest
due thereon and the said submission was also noted in the
order dated 16.10.2025, however the Court instead of
directing that the appeal pending before RERA be
registered and decided on merits, passed an order where
under the appellants are again required to deposit 30% of
Rs.20,00,000/- with interest.
6. In our opinion, in case 30% of Rs.20,00,000/-
along with interest is already in deposit the appellants can
move an appropriate application before the Tribunal and
demonstrate before it that 30% of Rs.20,00,000/- with
interest is already in deposit.
7. In case the Tribunal finds the submission to be
correct it shall register the appeal and proceed to decide
the same in accordance with law.
8. Modification application stands disposed of
accordingly.
_______________________
MANOJ KUMAR GUPTA, C.J.
_________________
SUBHASH UPADHYAY, J.
Dt: 13TH MARCH, 2026
Negi
