Disputes
Section 43: the Appellate Tribunal and promoter pre-deposit
Why the promoter appeal condition is not a universal thirty-per-cent rule for every award.
What is the Section 43(5) condition?
Before a promoter’s appeal is entertained, Section 43(5) requires the applicable deposit: at least thirty per cent of the penalty, or a higher percentage determined by the Tribunal, or the total amount payable to the allottee including interest and compensation, or both as applicable. It is not simply thirty per cent of every award.
Read the operative order and identify the appellant’s status and the components awarded. Do not apply a penalty percentage to an allottee-payment direction without examining the statutory wording.
How should a proposed appeal be prepared?
Assess the deposit, limitation, appeal grounds, record and any interim request together. The client should understand the financial precondition before a strategy is described as available. Filing an appeal is different from satisfying the condition for it to be entertained, and neither event automatically supplies a stay of the challenged order.
Use current Tribunal instructions and obtain advice on the particular order. This draft does not assert a right to waiver or a substitute security. Outcomes depend on facts and the decision of the Authority or Tribunal.
Official sources
Read appeals support and developer defence.
Editorial source check: 2026-10-24. Owner-approved for publication. No independent professional legal review or named professional authorship is claimed. “Last reviewed” records an editorial update, not legal sign-off. Check applicable amendments, orders and case-specific law before reliance.
General information, not legal advice. Authorship and review policy.
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