Latest
Thursday, October 22, 2026
Rajasthan High Court
High Courts

Impleading Developer's Directors in RERA Proceedings Is Interlocutory and Decides No Liability: Rajasthan High Court

Published: · NyayVidhan

The Rajasthan High Court dismissed eight appeals under Section 58 of the Real Estate (Regulation and Development) Act, 2016 by two directors of a Bhiwadi project's developer against orders impleading them in RERA proceedings (paras 1-3, 16). It held that impleadment orders are interlocutory and decide no liability, that the directors' roles are for RERA to examine after hearing them, and that a necessary or proper party may be impleaded without an existing party's application (paras 12-14).

Impleading Developer's Directors in RERA Proceedings Is Interlocutory and Decides No Liability: Rajasthan High Court

Judgment Intelligence

Petition Dismissed
Vineet Jindal v. Rajasthan Real Estate Regulatory Authority & Ors.
2026:RJ-JP:41265
S.B. Civil Miscellaneous Appeal No. 3661/2026 with S.B. Civil Miscellaneous Appeal Nos. 3817/2026, 3819/2026, 3820/2026, 3821/2026, 3822/2026, 3823/2026 and 2913/2026
Court
Rajasthan High Court
Date of Decision
7 October 2026
Bench
Justice Anand Sharma
Relevant Acts & Sections
Real Estate (Regulation and Development) Act, 2016 — Section 58; Code of Civil Procedure, 1908 — Order 1 Rule 10
Final Outcome

Appeals dismissed as involving no substantial question of law; pending applications disposed of; a copy of the order to be placed in each connected file (paras 16-18).

Source Rajasthan High Court, hcraj.nic.in — order dated 07.10.2026

Key holdings

  1. A Section 58 RERA Act appeal can be entertained only where a substantial question of law arises (para 10).
  2. An impleadment order is interlocutory and decides neither liability nor the merits of the complaints (para 12).
  3. Directors' liability and the objection that no specific overt act is alleged are for RERA to examine after hearing them (para 13).
  4. Impleading a necessary or proper party does not necessarily require an existing party's application (para 14).
  5. The directors' roles, the corporate veil and their liability remain open before RERA (para 15).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

The Rajasthan Real Estate Regulatory Authority (RERA) registered a suo motu case on irregularities and financial mismanagement in the Avalon Royal Park project at Bhiwadi, developed by GRJ Distributors and Developers Pvt. Ltd. (para 3). By orders of 19.02.2026 in that case and in home-buyers' complaints, RERA impleaded the appellants, Vineet Jindal and Ajay Singal, as respondents (paras 4-6). The appellants said that the suo motu impleadment application did not name them, that RERA had earlier recalled notices to them, that one of them was not a director when the agreements were executed, and that no specific allegations were made against them (paras 4-5). The Appellate Tribunal dismissed their appeals on 28.04.2026 and 26.05.2026 (paras 2, 6).

Court's Findings

An appeal under Section 58 of the Act of 2016 lies only where a substantial question of law arises, and the impleadment dispute fell to be examined within that limited scope (paras 10-11). The impugned orders were interlocutory: impleadment neither determines the appellants' liability nor adjudicates the complaints' merits, and they would have a full opportunity to reply, raise objections and establish the limits of their roles (para 12). It was not disputed that one appellant was a director/promoter from the company's inception and the other joined later in that capacity; whether their roles warrant liability, and the objection that no specific overt act is attributed to them, are for RERA to examine on the pleadings and material after a hearing (para 13). In the suo motu case, even if no application specifically sought their impleadment, that would not by itself make the order unsustainable: the power to implead a necessary or proper party does not necessarily depend on an existing party's application (para 14). Since the Tribunal had clarified that they would get a complete opportunity before RERA, no prejudice was shown; their roles, the applicability of the corporate veil and any liability were left open (para 15).

Legal Principle

An order of the real estate regulatory authority impleading a developer company's directors in pending proceedings is interlocutory: it decides neither their liability nor the merits, so the challenge raised no substantial question of law in an appeal under Section 58 of the RERA Act; a necessary or proper party may be impleaded without an existing party's application (paras 10-16).
NyayVidhan
Court Judgments · 3 min read
Decided: October 7, 2026 Justice Anand Sharma
PDF
 Join our WhatsApp Group
✕

Try: POCSO, IBC, Electoral Bond, Article 370, NDPS Act, Bail Conditions, SC Contempt