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Judgment
Heard Ld. Sr. Counsel for the Appellant. He is representing Allottee and Purchaser of the residential unit at the Real EState Project Lotus Zing. He submits that the Appellant has filed an Application seeking appropriate directions before the Adjudicating Authority. However, the Ld. Adjudicating Authority has not decided the Application, therefore, the Appellant has filed present Appeal.
Before us the order dated 11.08.2021 is impugned. The one-line order is that "List the matter for hearing on 22.09.2021"
Ld. Sr. Counsel for the Appellant unable to convince us how the 4. Ld. Counsel appearing on behalf of the Respondent submits that the same impugned order has been challenged before this Appellate Tribunal in CA (AT) (Ins) No. 682 of 2021 by Jatin Bachani and the Appeal was disposed of vide order dated 03.09.2021. therefore, the Appeal is not maintainable and in the light of the earlier order. It is liable to be dismissed.
We are of the opinion that this Appeal is not maintainable, as no adverse order is passed against the Appellant, therefore, the Appellant is not aggrieved person, only the aggrieved person can file the Appeal under Section 61 of the IBC.
Thus, the Appeal is dismissed as not maintainable. No order as to costs.