Allahabad High Court
RERAD/124/2025 of M/S HIMALAYA REALESTATE PVT. LTD. THRU. MANAGER PRITAM KUMAR DELHI Vs ANOOP SRIVASTAVA on 17 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW RERA APPEAL DEFECTIVE No. - 124 of 2025 Court No. - 19 HON'BLE PRASHANT KUMAR, J. C.M. Application No.IA/1/2025 1. This is an application for condonation of delay in filing the instant appeal. 2. The office has reported delay of 155 days in filing the instant
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
RERA APPEAL DEFECTIVE No. - 124 of 2025
Court No. - 19
HON'BLE PRASHANT KUMAR, J.
C.M. Application No.IA/1/2025
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1. This is an application for condonation of delay in filing the instant appeal.
2. The office has reported delay of 155 days in filing the instant appeal.
3. Heard learned counsel for the appellant and perused the record.
4. The instant appeal has been preferred under Section 58 of the Real Estate (Regulation and Development) Act, 2016 assailing the judgment and order dated 16.04.2025 passed by Real Estate Appellate Tribunal, Lucknow in Appeal No.450 of 2023.
5. Learned counsel for the appellant submits that the appellant is the builder and that there was some delay in execution of the project as well as certain defects in its completion. The respondent feeling aggrieved thereby, filed a complaint against the appellant before the Real Estate Regulatory Authority, Regional Office, Gautam Buddh Nagar, being Complaint Case No. ADJ/NCR 144/05/94467/2022, which was allowed vide order dated 04.11.2022. It is further submitted that the said order was challenged by the appellant before the Real Estate Appellate Tribunal after a delay of 100 days. The learned Appellate Tribunal rejected the Versus Counsel for Appellant(s) : Vishva Nath Pratap Singh, Vijay Kumar Pandey Counsel for Respondent(s) :
M/S Himalaya Realestate Pvt. Ltd. Thru. Manager Pritam Kumar Delhi .....Appellant(s) Anoop Srivastava .....Respondent(s)
appeal vide order dated 16.04.2025 on the ground of delay. Against the said order, the present appeal has been preferred, though it has also been filed with a delay of 155 days. It is thus apparent that the appellant is not interested in pursuing the lis and has approached this Court only with the intention of delaying the payment.
6. The explanation given for condonation of delay in filing the appeal is not satisfactory and hence, the delay condonation application is dismissed.
7. Consequently, the instant appeal is also dismissed. December 17, 2025 Saurabh Yadav/- RERAD No. 124 of 2025 2 (Prashant Kumar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench