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Supreme Court of India

M/s. Newtech Promoters and Developers Pvt. Ltd. v. State of Up & Ors. Etc.

Neutral citation
Bench Uday Umesh Lalit, Ajay Rastogi and Aniruddha Bose JJ.
Decided 11 November 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the requirement of pre-deposit under sub-section (1) of Section 18 of the Act is mandatory and there is no reason whatsoever for not giving full effect to the provisions contained in Section 18 of the Act.

Judgment, page 64

From the headnote

Real Estate (Regulation and Development) Act, 2016: ss. 3,18, 19, 31, 71, 81, 43(5) proviso and 40(1) – Appellants- promoters and real estate developers failed to hand over possession of the unit to allottees/home buyers – Complaint by home buyers for refund – Single member of regulatory authority passed order directing refund of the principal amount with interest – Writ petition by promoters/real estate developers contending that single member had no jurisdiction to pass the order of refund, and also challenged the condition of pre-deposit for filing statutory appeal – Dismissal of writ…

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