JUDGMENT :

Rajan Roy, J.

This second appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ''the Act, 2016') was admitted by this Court vide order dated 06.02.2019 on the following substantial questions of law:-

"(1) Whether in the light of Section 43(1) read with proviso to said Section, the Designated Appellate Tribunal can continue to function even after the period of one year from the date of coming into force the Real Estate (Regulation and Development) Act, 2016 ?

(2) Whether the appointment of the Chairperson and three whole time members of the Appellate Tribunal under Section 45 of the Real Estate (Regulation and Development) Act 2016 have the effect of establishment of an Appellate Tribunal under Section 43(1) of the Real Estate (Regulation and Development) Act, 2016 ?

(3) Whether order passed by the Designated Appellate Tribunal as provided under proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 could have been passed even after it became coram non judis ?

2. By the same order the designated Appellate Tribunal was restrained from proceeding with the appeal in question.

3. Heard Shri Siddhart