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Judgment
O R D E R
21.09.2023: Heard learned counsel for the Appellant as well as learned counsel appearing for the Respondent. This Appeal has been filed against order dated 21.04.2023 on I.A. No. 897/2019, which I.A. was filed by the Authorised Representative Mr. Vivek Raheja.
Learned counsel for the Respondent submits that an appeal being Company Appeal (AT) (Ins.) No. 810 of 2023 has been filed by Vivek Raheja, Authorised Representative of the Homebuyers, which appeal has already been disposed of by this Tribunal on 12.07.2023. On 12.07.2023, we passed following order:
“ORDER
12.07.2023: This appeal has been filed against the order dated 21.04.2023 passed in I.A. No. 897/2019 filed by the Authorised Representative, (the Appellant). The Adjudicating Authority observed that authorised representative is entitled to proceed with the matter in accordance with law if they have any grievance with the RP.
2.Learned Counsel for RP submits that as per the Regulations, the request by AR should contain consent of 33% of the allottees as on date to enable the RP to convene the meeting of the CoC and to consider in the meeting the agenda.
3.Learned Counsel for the Appellant submits that Appellant shall make appropriate request to the RP with the requisite majority as required by Regulation in view of the Regulations 18 of the CIRP Regulations 2016. The Adjudicating Authority had already granted such liberty through the authorised agency like CDSL or NSDL.
4.We, thus, are of the view that there is no ground to interfere with the order impugned.
With the above observations, the Appeal is disposed of.”
Present appeal has been filed by five allottees authorised by other allottees. Learned counsel for the Appellant submits that Appellant is the Original Applicant who filed Section 7 application. Be that as it may, the Authorised Representative of the Homebuyers has already filed appeal against the order dated 21.04.2023, which appeal has been disposed of by this Tribunal on 12.07.2023. We cannot pass different order in this Appeal. We do not find any ground to entertain this Appeal. Appeal is disposed of accordingly.