M/S Prateek Realtors India Pvt. Ltd. Noida Thru. Auth. Representative Mr. Rahul Kumar Sharma v. U.P. Real Estate Regulatory Auth. Thru. Chairman , Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 11024 of 2023 Petitioner :- M/S Prateek Realtors India Pvt. Ltd. Noida Thru. Auth. Representative Mr. Rahul Kumar Sharma Respondent :- U.P. Real Estate Regulatory Auth. Thru. Chairman , Lko. And Others Counsel for Petitioner :- Sachin Kumar Pandey Counsel for Respondent :- Shobhit Mohan Shukla Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioner and Shri Shobhit Mohan Shukla, learned Counsel for respondent nos.1 and 2 and perused the material available on record.

¶2The present petition has been filed challenging the recovery certificate dated 08.05.2023 issued against the petitioner in pursuance to the order dated 17.11.2022 passed by respondent no.1.

¶3It is informed by the learned counsel for the petitioner that against the said order dated 17.11.2022, the appeal has already been preferred along with stay application, however, as the appellate court was not constituted, the stay application and the appeal had not been adjudicated and the recovery is being pressed upon. Learned Counsel for the petitioner states that petitioner has already made compliance of Section 43(5) of Real State Regulatory Authority Act.

¶4Shri Shobhit Mohan Shukla, appearing on behalf of the respondents states, on instructions, that the Appellate Tribunal has been constituted and will start sitting with effect from today, i.e. 18.12.2023.

¶5In view of the said statement, it is agreed in between the parities that the stay application filed by the petitioner should be adjudicated by the Appellate Tribunal which is commencing its sitting from 18.12.2023 with all expedition. It is also to be noted that the appeal was filed prior to availability of Appellate Tribunal and now the Appellate Tribunal is available.

¶6Considering the said submission, the present petition is disposed of directing the Appellate Tribunal to hear and decide the stay application filed by the petitioner in Appeal within a period of four weeks with effect from 18.12.2023.

¶7Till the decision on the stay application, no steps shall be taken for recovery of the amount in terms of the recovery certificate dated 08.05.2023.

¶8The Appellate Tribunal shall thereafter endeavour to decide the appeal itself with all expedition.

¶9The petition is disposed of in the aforesaid terms. (Om Prakash Shukla, J.) (Vivek Chaudhary, J.) Order Date :- 18.12.2023 Anand Sri./- High Court of Judicature at Allahabad, Lucknow Bench