Order of High Court against Appellate Tribunal - Constitution of bench of Real Estate Appellate Tribunal

In the case of

CCI Projects VS Jyoti Narang

This appeal is filed against the order passed by the Judicial Member of the Maharashtra Real Estate Appellate Tribunal.

ISSUES:

Whether Order passed by the Tribunal consisting only one judicial member singly is valid ???

Ground of Appeal:

As per Section 43 of RERA, Bench of Judge of Tribunal should atleast one judicial member and atleast one technical member. In this case order passed by the bench of Tribunal having only one member singly, so that CCI Projects filed appeal in High Court against Tribunal appealing that order passed by the Tribunal is not valid due to Constitution of Bench of Tribunal is not as per the RERA Act.

Order of High Court:

Judicial member alone is can not passed any order, so that order passed by the Tribunal is Invalid.