Section 58 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 58 is the last rung of the appeal ladder in the Act. A person aggrieved by a decision or order of the Appellate Tribunal may go to the High Court within sixty days, but only on one or more of the grounds in section 100 of the Code of Civil Procedure, 1908. A decision made with the consent of the parties cannot be appealed. If you are weighing a High Court appeal against a Tribunal order, legal dispute resolution support can help you check the grounds and the dates.
Any person aggrieved by a decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (58(1)). The High Court may entertain the appeal after sixty days if sufficient cause prevented the appellant from filing in time. No appeal lies against an order made with the consent of the parties (58(2)).
Section 58 at a glance
| Provision | Subject | Key point |
|---|---|---|
| 58(1) | Right of appeal | Any person aggrieved by a decision or order of the Appellate Tribunal |
| 58(1) | Period | Sixty days from the date of communication to the appellant |
| 58(1) | Grounds | One or more of the grounds in section 100 of the CPC, 1908 |
| 58(1) proviso | Delay | High Court may entertain late appeal if appellant was prevented by sufficient cause |
| 58(1) Explanation | Which High Court | The High Court of the State or Union territory where the real estate project is situated |
| 58(2) | Consent orders | No appeal |
Section 58(1): who, when and on what grounds
"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."
Who. The phrase is "any person aggrieved", as in sections 43(5) and 44(1). It is not limited to the losing party before the Tribunal in terms, though the person must be aggrieved by the decision or order.
When. The sixty days run "from the date of communication of the decision or order ... to him", meaning the appellant. Section 44(4) makes the Tribunal send a copy of every order to the parties, which is the usual point of communication; see our article on section 44. Count from the date the order reached you, not the date it was passed.
On what grounds. The appeal lies "on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908". The Act cross-refers to that section without reproducing its content, and we do not restate it from memory. Read section 100 of the CPC itself before drafting the appeal. The text of the RERA Act does not say that every error of fact can be re-argued.
The Explanation. "The expression 'High Court' means the High Court of a State or Union territory where the real estate project is situated." The project's location, not the promoter's registered office or the allottee's residence, decides the High Court.
The proviso: late appeals
"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." The words differ slightly from section 44(2): here the appellant must have been "prevented" by sufficient cause. The text gives no outer limit and no examples.
Section 58(2): consent orders
"No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties." If the Tribunal records a settlement, for example a compromise on the refund amount and the time to pay, the parties cannot appeal it. Settlement in the Tribunal is therefore final in this respect, so take care with the terms before you consent.
The appeal ladder in one view
| Stage | Forum | Time to file | Source |
|---|---|---|---|
| First | Authority or adjudicating officer | As provided for complaints and applications | sections 31, 71 |
| Second | Appellate Tribunal | Sixty days from receipt of the copy | section 44(2) |
| Third | High Court | Sixty days from communication | section 58(1) |
For a promoter, the deposit in section 43(5) applies before the Tribunal appeal is heard; section 58 itself states no deposit. The text is silent on whether filing in the High Court stays the Tribunal's order. Read the High Court's rules and any order on the point. Where money has been ordered, recovery rules under section 40 and execution under section 57 still matter; see our article on sections 56 and 57.
Section 79 bars civil courts from entertaining suits on matters the Authority, adjudicating officer or Tribunal can decide. A High Court appeal under section 58 is the Act's own route. See our article on sections 79 and 80.
Example. Lakeview Projects loses before the Tribunal in a project in Pune; the order is communicated on 5 June. The appeal must be filed in the High Court of the State where the project is situated, within sixty days from 5 June, and only on section 100 CPC grounds. If Lakeview and the allottees had agreed on a settlement that the Tribunal recorded, 58(2) would bar any appeal.
Need help with a High Court appeal?
Section 58 is narrow: a short window, a specific set of grounds and a rule on where to file. Getting it wrong can end the matter. We can review the Tribunal's order against the grounds you must satisfy and plan the filing. Start with legal dispute resolution.
Key takeaways
- A person aggrieved by a Tribunal decision or order may appeal to the High Court within sixty days of communication.
- Grounds are those in section 100 of the CPC, 1908.
- Late appeals are possible if sufficient cause prevented filing in time.
- The High Court is that of the State or Union territory where the project is situated.
- No appeal lies against a consent order.
Read next
- Section 44: appeal to the Appellate Tribunal
- Sections 79 and 80: bar of civil court jurisdiction and cognizance of offences
- RERA Authority and Appellate Tribunal
- RERA vs Consumer Forum: Where to File
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.