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:
(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 51 : Officers and other employees of Appellate Tribunal
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