Updates on Real Estate (Regulations & Development) Act, 2016
Ashwin Shah
Whether IRP filing Appeal before Appellate Tribunal, RERA for the corporate debtor under Insolvency proceeding are governed by the compulsory deposit envisaged u/s 43(5) of RERDA 2016 for admission of appeal before Appellate Tribunal, RERA?
Hon’ble High Court, New Delhi in the matter of Umang Realtech Pvt Ltd vs. Mrs. Daphne Reita Rajan Sharma & Others had occasion to consider the subject matter.
Facts of the Case :-
Hon’ble NCLT vide order dated 20-08- 2019 admitted application u/s 7 against the corporate debtor and thereby CIRP started.
The Appeal before Appellate Tribunal was filed by IRP and relief was prayed that pre deposit u/s 43(5) shall not apply to the appeal filed by IRP but the same app.......