Punjab-Haryana High Court
Tdi Infrastructure Ltd vs Sushma And Another on 19 November, 2025
Author: Vikas Bahl
Bench: Vikas Bahl
RERA-APPL-172-2025(O&M 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
RERA-APPL-172-2025(O&M)
Date of decision : 19.11.2025
TDI Infrastructure Ltd. ... Appellant
Versus
Sushma and another ... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Ms.Arundhati, Advocate for
Mr.Shobit Phutela, Advocate
for the appellant.
Ms.Nidhi Jain, Advocate (through V.C.)
for the respondents.
VIKAS BAHL, J.(ORAL)
CM-13401-C-2025
1. This is an application under Section 5 of the Limitation Act read with proviso to Section 58 of the RERA Act, 2016 for condonation of delay of 12 days in filing the accompanying appeal.
2. For the reasons stated in the application, the application is allowed and delay of 12 days in filing the accompanying appeal is condoned.
Main case
1. Challenge in the present appeal is to the order dated 02.08.2025 vide which the appeal filed by the present appellant has been dismissed on the ground of delay.
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2. On 29.10.2025, this Court was pleased to pass the following order:-
"Present:- Mr. Shobit Phutela, Advocate, and Mr. Shourya Mehra, Advocate for the appellant.
*** On a query put by this Court, learned counsel for the appellant has fairly submitted that the appellant is ready to compensate the respondents for the delay in filing the appeal before the Appellate Tribunal.
Notice in the application for condonation of delay as well as in the main appeal for 19.11.2025.
To be taken up immediately after the urgent list. Liberty is granted to the appellant to serve the respondents through dasti process also.
The pre-deposit amount would be paid to the respondents-allottees along with interest accrued thereon, subject to tax liability, as directed in para 9 of the impugned order, subject to further directions given by this Court.
Appellant would also bring two demand drafts of Rs.25,000/- each in the name of respondents No.1 and 2 as compensation for the delay in filing the first appeal. October 29, 2025"
3. Learned counsel for the appellant has submitted that in pursuance of the said order, the appellant has got two demand drafts of 2 of 5 ::: Downloaded on - 22-11-2025 12:27:17 ::: RERA-APPL-172-2025(O&M 3 Rs.25,000/- each in the name of the respondents no.1 and 2 as compensation for delay in filing the first appeal, which demand drafts have already been handed over to the counsel for the respondents and which fact has been reaffirmed by the learned counsel for the respondents.
4. Learned counsel for the respondents has submitted that the acceptance of the said amount of Rs.50,000/- should not be construed as an estoppel against the respondents from opposing the appeal filed before the Appellate Tribunal on merits. It is further submitted that the amount of pre- deposit which had been deposited by the promoter along with interest, which has now been remitted to the Authority, be released to the respondents and direction be given to the Authority to release the said amount to the respondents and liberty be also granted to the respondents to raise all the pleas to oppose the appeal on merits.
5. Learned counsel for the appellant has submitted that she has no objection to the said course of action but has submitted that the release of the amount in favour of the respondents should not be construed as an estoppel on the appellant from pursuing its appeal on merits and the said release in favour of the respondents be made subject to the final decision in appeal filed before the Appellate Tribunal on merits.
6. Keeping in view the above said facts and circumstances and the fair stand taken on behalf of the appellant as well as the respondents, the present appeal is partly allowed and the order dated 02.08.2025 to the extent that the appeal of the present appellant has been dismissed on the ground of 3 of 5 ::: Downloaded on - 22-11-2025 12:27:17 ::: RERA-APPL-172-2025(O&M 4 delay is set aside and the delay in filing the said appeal is condoned and the Appellate Tribunal is requested to decide the appeal on merits, subject to the following observations / directions :-
i) The amount of pre-deposit along with interest which has been deposited by the present appellant with the Tribunal, which is now stated to have been remitted to the Authority, would be released to the respondents by the Authority within a period of two weeks from the date the respondents move an application before the Authority regarding the same. The same would be subject to tax liability as mentioned in para 9 of the order dated 02.08.2025.
ii) The release of the said amount would be subject to the decision in the main appeal. However, the present order should not be construed to mean that the amount is not to be released to the respondents as the same is to be done in accordance with direction no.(i) reproduced hereinabove.
iii) The payment of the amount of Rs.50,000/- and the acceptance of Rs.50,000/- as well as the release of the amount would not be construed as an estoppel against either of the two parties from raising all the pleas on the merits of the case and it would be open to the parties to raise all the pleas in accordance with law before the Appellate Tribunal and the Appellate Tribunal is requested to decide the same on merits.
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7. Pending applications, if any, stand disposed of in view of the abovesaid order.
(VIKAS BAHL) JUDGE November 19, 2025.
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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