Appeals U/S 58 RERA Act To Be Filed With Rs. 5,000 Court Fees, Will Be Heard By Single Bench: Rajasthan High Court

Justice Sudesh Bansal directed the Registry to register these appeals in the manner as mentioned hereinabove and make a report about the payment of Court fees accordingly. The court also directed to circulate this order to the Stamp Reporters to follow the same for registering the appeals filed under Section 58 of RERA Act, 2016 in future before the Rajasthan High Court.

Essentially, the court considered the following two issues and answered them accordingly :-

(1) The appeal filed under Section 58 of the RERA Act, 2016 be registered under which category of appeals before the High Court of Judicature for Rajasthan.

On the question whether the appeal under Section 58 of the RERA Act should be heard by the Single Bench or Division Bench, the court pursued Rule 55 of the Rajasthan High Court Rules 1952 and observed that the appeal ordinarily be admitted, heard and disposed of by a Judge sitting alone, provided that Chief Justice may from time to time direct that any case or class of cases which may be heard by a Judge sitting alone shall be heard by a Bench of two or more Judges.

It was opined by the court that appeal arises against the decision or order of the Appellate Tribunal under the RERA Act, by virtue of Section 58 of the RERA Act, be registered before the Court as "Civil Misc. Appeal" to be heard by the Judge sitting alone.

The court ordered that instead of creating a separate category of Civil Misc. Appeals under the RERA Act, appeals arising under Section 58 of the RERA Act may be and should be registered in the category of broader head of "Civil Misc. Appeal" since as per the Rajasthan High Court Rules, the category "Civil Misc. Appeal" is already available to register the appeals.

Further, the court opined that against the decision or order passed by the Appellate Tribunal under the RERA Act, the appeal filed under Section 58 of the RERA Act can be maintained/entertained only on the grounds specified under Section 100 of the Code of Civil Procedure, 1908 i.e. on involvement/ formulation of substantial question of law.

The court also clarified that although appeals may have been allowed to be registered in different categories, nevertheless, the High Courts are ad idem that according to provision of Section 58 of the RERA Act, the appeal can be maintained/entertained only on the grounds as specified under Section 100 of the Act of 1908, i.e. on involvement of any substantial question of law in the appeal.

Moreover, the court noticed that, in the High Court of Judicature for Rajasthan, appeals filed under Section 30 of the Employees Compensation Act, 1923, assailing orders of Commissioner as well as Section 49 of Prohibition of Benami Property Transaction Act, 1988 and Section 260-A of the Income Tax, 1961 against the decision or order of the Appellate Tribunal are registered as "Civil Misc. Appeal".

(2) How much Court fees is payable on appeal filed under Section 58 of the RERA Act, 2016 before the High Court?

On the issue regarding payment of court fees on appeals filed under Section 58 of the RERA Act, 2016 is concerned, the court clarified that under the provision of RERA Act or under the RERA Rules, 2017, there is no specific provision prescribing quantum of payment of Court fees for filing the appeal before the High Court under Section 58 of the RERA Act, 2016. In this regard, the court also pursued Sections 35(i), 36 and 37 of the RERA Rules, 2017.

Reliance was placed by the court in Supertech Ltd. Vs. Subrat Sen [AIR 2019 All 19], wherein the Allahabad High Court, while relying upon Article 11 of Schedule II of the Court Fees Act, held that appeals under Section 58 of the RERA Act, can be filed on the payment of Rs.5.

Justice Sudesh Bansal, observed,

"This Court finds that where there is no specific provision available for payment of Court fees on appeals filed under Section 58 of the RERA Act, 2016 before the High Court, as a general principle of law, the Court fees of Rs.5000/- as required to be paid before the Appellate Tribunal under Rule 37 of the RERA Rules, 2017, be paid on appeal filed under Section 58 of the RERA Act, 2016 before the High Court."

Counsels for the Appellant(s): Mr. Pradeep Kumar Choudhary with Mr. Samkit Jain, Mr. Karan Audichya, Mr. Mitesh Rathore, Ms. Shruti Rai and Ms. Saloni Dagur, Mr. Yash Joshi, Mr. Ridhvick Dosi

Counsels for the Respondent(s): Mr. Rubal Tholia for Mr. Harshal Tholia

Case Name: Trehan Apna Ghar Buildwell Private Limited through its Director/Authorised Signatory v. Munish Ranjan Sahay

Citation: 2022 LiveLaw (Raj) 128

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