$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RERA APPEAL 13/2024 SANSADIYA ADHIKARI WELFARE SOCIETY(SAWS) THROUGH SECRETARY .....Appellant Through: Ms. Ravinder Kaur Batra, Mr. Amrit Singh Khalsa, Ms. Hiteshi Kakkar, Mr. Ayush Khetarpal, Advs. versus MAYANK SRIVASTAV .....Respondent Through: Nemo. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 15.09.2025 CM APPL. 58256/2025[For restoration of the Appeal] 1. The present application under Section 151 of the Code of Civil Procedure, 1908, has been filed by the Appellant seeking restoration of the present Appeal on the ground that the Appellant was unable to appear before this Court on 25.08.2025, the date on which the Appeal was dismissed, and that dismissal was without notice and hearing. 2. This Court has heard the learned counsel representing the Appellant on the merits of the case. 3. The order dated 25.08.2025 notes that the issue involved in the present Appeal is squarely covered by the judgment passed by this Court on 30.07.2025 in RERA APPEAL 05/2025 captioned Sansadiya Adhikari Welfare Society (SAWS) Through President. vs. Utpal Kumar Tripathi & Ors. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2025 at 12:37:10 4. The only difference between the two cases is that in the matter at hand, the Appellant has deposited 30% of the penalty amount before the Appellate Tribunal, however, the Appellate Tribunal did not grant an exemption for payment of the remaining 70% of the penalty amount, whereas in the cited order, the Appellant (common in both the Appeals) failed to deposit the amount of penalty. 5. Learned counsel representing the Appellant submits that the Appellant does not fall under the definition of the word ‘promoter’ as the Appellant is a welfare society. 6. At the cost of repetition, the question has already been answered in RERA APPEAL 05/2025; hence, the present Appeal has correctly been dismissed in terms of the said judgment. 7. The present application is accordingly dismissed. ANIL KSHETARPAL, J HARISH VAIDYANATHAN SHANKAR, J SEPTEMBER 15, 2025 jai/er This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2025 at 12:37:10