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