JUDGMENT :

1. These Second Appeals, which are connected, are heard together. Mr. Sharma, learned Counsel appearing for the Appellant in Second Appeal (St.) No.92158 of 2020, seeks leave to withdraw the appeal. The second appeal is dismissed as withdrawn with no order as to costs. In view of the disposal of the second appeal, the Interim Application made therein does not survive and is also disposed of.

2. The two remaining second appeals, i.e. Second Appeal (St.) No.92186 of 2020 and Second Appeal (St.) No.92146 of 2020, raise significant points of law arising under the proviso to sub-section (5) of Section 43 of Real Estate (Regulation and Development) Act, 2016 (“Act”), concerning, particularly, pre-deposit to be ordered, when a promoter files an appeal with the Appellate Tribunal under sub-section (5) of Section 43 of the Act. The Appellants in both these appeals are claiming that they do not come under the expression “promoter” used in the proviso and hence, are not liable to make any pre-deposit.

3. The Appellant in Second Appeal (St.) No.92146 of 2020, i.e. Chourangi Builders & Developers Pvt Ltd (“Chourangi”), was the original developer, who had issued allotment letters to the