M/S Intellicity Business Park Pvt. Ltd. and Another Vs U P Real Estate Regulatory Authority and 3 Others

Court No. - 21

Case :- WRIT - C No. - 24639 of 2018

Petitioner :- M/S Intellicity Business Park Pvt. Ltd. And Another Respondent :- U P Real Estate Regulatory Authority And 3 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.

¶4

Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

¶5

To question correctness of the recovery certificate dated 17th May, 2018 issued by the Secretary, U.P. Real Estate Regulatory Authority, this petition for writ is preferred.

¶6

On going through the averments contained in this petition for writ and the documents annexed thereto, it reveals that under an order dated 29th December, 2017 U.P. Real Estate Regulatory Authority ordered for refund of Rs.11,82,064/- with interest at the rate of 8.25% to respondent no.4. The order aforesaid being an ex-parte order, the petitioner submitted an application to recall the same and that application is yet pending consideration. During the pendency of the application aforesaid, a citation has been issued for recovery of the money awarded.

¶7

As per learned counsel, no recovery could have been initiated till disposal of the application submitted to recall the order dated 29th December, 2017.

¶8

Having considered the facts stated above, we deem it appropriate to dispose of this petition for writ by keeping the petitioner at liberty to move an appropriate application to the U.P. Real Estate Regulatory Authority for expeditious disposal of the application referred above and also for the reliefs claimed in the instant petition for writ.

¶9

The writ petition is disposed of accordingly.

¶10

Order Date :- 25.7.2018 Bhaskar

¶11

(Chandra Dhari Singh, J.) (Govind Mathur, J.)

M/S Intellicity Business Park Pvt. Ltd. and Another v. U P Real Estate Regulatory Authority and 3 Others

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M/S Intellicity Business Park Pvt. Ltd. and Another v. U P Real Estate Regulatory Authority and 3 Others

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