State Bank of India Thru. Chief Manager/Authorised Officer Shri. Ajay Misra v. District Magistrate, Lucknow and 6 Others

Court No. - 3 Case :- WRIT - C No. - 10605 of 2023 Petitioner :- State Bank Of India Thru. Chief Manager/Authorised Officer Shri. Ajay Misra Respondent :- District Magistrate, Lucknow And 6 Others Counsel for Petitioner :- Alok Saxena Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Vivek Chaudhary,J. Hon'ble Shree Prakash Singh,J.

¶1Heard learned counsel for petitioner, Sri Shobhit Mohan Shukla, learned counsel for respondent no.4 and learned Standing Counsel for State.

¶2Petitioner bank has approached this Court claiming that respondent nos. 5 and 6 had purchased a property from respondent no.7 developers which could not be delivered by respondent no.7. In the said circumstances, respondents no.5 and 6 filed a complaint before respondent no.4 RERA which has been allowed and a recovery certificate to recover the amount from respondent no.7 is issued. However, none of the parties have informed the RERA that there is a tri-partite agreement with the bank also and, hence, the first amount due to the petitioner bank is to be paid after the so recovered amount.

¶3In view of aforesaid facts and circumstances of the case, petitioner is permitted to file an appropriate application before respondent no.4 U.P. Real Estate Regulatory Authority, Lucknow within one week from today.

¶4In case such an application is filed by petitioner, respondent no.4 shall consider and decide the same by a reasoned and speaking order after hearing all the parties concerned, in accordance with law, within a period of two weeks from the date the application along with the certified copy of this order is produced before it.

¶5Any payment made from the recovered amount shall be subject to final orders passed by respondent no.4.

¶6With the aforesaid, the writ petition is disposed of. Order Date :- 7.12.2023 Arti/- [Shree Prakash Singh,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench