JUDGMENT :

1. This bunch of appeals filed under Section 58 of Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as “Act, 2016”) assails the orders passed by Uttar Pradesh Real Estate Appellate Tribunal (hereinafter referred to as “Appellate Tribunal”) as well as order passed by Uttar Pradesh Real Estate Regulatory Authority (hereinafter referred to as “Regulatory Authority”) directing the appellant to pay interest @ MCLR + 1 on the amount paid by the allottee from 01.7.2012 till obtaining of CC/offer of possession, whichever is later.

2. The present appeal has been preferred on the ground that the appeal filed before the Appellate Tribunal was dismissed on the ground of non compliance of Section 43(5) of the Act, 2016 and appellant not being a promoter is not required to comply condition of predeposit.

3. The present appeal was admitted by this Court on 22.12.2021 on the following question of law:

“Whether in the context of the objects clause and the Memorandum of Association of the present appellant and in the context of the activities engaged by it, the appellant is included in the meaning of the word "Promoter" as defined under Section 2(zk) of the U.P. Rea