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Section 58 : Appeal to High Court - The Real Estate (Regulation and Development) Act, 2016

How to file Appeal to High Court under section 58 of The Real Estate (Regulation and Development Act, 2016). Appeal to High Court is defined under Section 58 of the Act. Provisions under Section 58 are:

Section 58 "Appeal to High Court" - The Real Estate (Regulation and Development Act, 2016)

 

(1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908:

Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

Explanation.-The expression "High Court" means the High Court of a State or Union territory where the real estate project is situated.

(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.

 

The Real Estate (Regulation and Development) Act, 2016

CHAPTER VI
CENTRAL ADVISORY COUNCIL

Section 41 : Establishment of Central Advisory Council

Section 42 : Functions of Central Advisory Council

CHAPTER VII
THE REAL ESTATE APPELLATE TRIBUNAL

Section 43 : Establishment of Real Estate Appellate Tribunal

Section 44 : Application for settlement of disputes and appeals to Appellate Tribunal

Section 45 : Composition of Appellate Tribunal

 

 

Section 46 : Qualifications for appointment of Chairperson and Members

Section 47 : Term of office of Chairperson and Members

Section 48 : Salary and allowances payable to Chairperson and Members

Section 49 : Removal of Chairperson and Member from office in certain circumstances

Section 50 : Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office

 

 

Section 51 : Officers and other employees of Appellate Tribunal

Section 52 : Vacancies

Section 53 : Power of Tribunal

Section 54 : Administrative powers of Chairperson of Appellate Tribunal

Section 55 : Vacancies not to invalidate proceeding of Appellate Tribunal

 

 

Section 56 : Right to legal representation

Section 57 : Orders passed by Appellate Tribunal to be executable as a decree

Section 58 : Appeal to High Court

CHAPTER VIII
OFFENCES, PENALTIES AND ADJUDICATION

Section 59 : Punishment for non registration under section 3

Section 60 : Penalty for contravention of section 4

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