Parthivi Construction Appeal Dismissed, Full Deposit Required

Authority: Supreme Court of India (Civil Appellate Jurisdiction)

Order Date: 22 September 2026

Parties: Appellants – M/S Parthivi Construction Pvt. Ltd. & others; Respondents – Shri Bhuneswar Prasad Verma & Anr.
Background: RERA, Raipur ordered the appellants to pay ₹1,06,79,900 to the respondent on 27‑06‑2025. The appellants appealed to the Chhattisgarh Real Estate Appellate Tribunal under Section 44, seeking exemption from depositing 30% of the awarded amount. The Tribunal rejected the exemption and directed full deposit of the award.
High Court: The appellants challenged the Tribunal’s order in the High Court, which dismissed the challenge.
Supreme Court Petition: The appellants filed a Special Leave Petition arguing that the Tribunal should have discretion to require only a 30% pre‑deposit, citing Newtech Promoters and Developers Private Limited (2021) 18 SCC 1, which they claimed did not mandate full deposit.
Counsel Submissions: Mr. Sameer Shrivastava (appellants) argued for discretion; Mr. Amrendra Kumar Mehta (respondents) contended that full deposit is mandatory per the Newtech judgment.

The Court held that the proviso to sub‑section (5) of Section 43 of the Chhattisgarh Real Estate (Regulation and Development) Act, 2016 obliges a promoter to deposit the total amount of compensation (including interest) before filing an appeal against an order directing payment of compensation.
The Court relied on paragraphs 121, 122, 128, 136, and 137 of the Newtech judgment, confirming that full pre‑deposit is required and that the Tribunal’s direction was lawful.
Consequently, the appeal is dismissed, and the Appellate Tribunal’s order directing full deposit stands.
The Court directed that any pending applications, if any, shall stand disposed of as per the signed reportable order.

Topics: Real Estate Regulation, Appeal Deposit, Supreme Court Decision