Court No. - 32
Case :- WRIT - C No. - 41866 of 2019 Petitioner :- C.P. System Pvt Ltd Respondent :- Chief Executive Officer And 5 Others Counsel for Petitioner :- Chetan Chatterjee,Ran Vijay Singh Counsel for Respondent :- Anjali Upadhya,Krishna Mohan Asthana,Ramendra Pratap Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition has been filed, inter alia, for the following relief;
"(a). Issue a writ, order or direction in the nature of mandamus directing the respondents to issue No Objection Certificate pertaining to plot no. 67 measuring 5000 sq. mts. in its sector Ecotech-XII Industrial Area, Gautam Buddh Nagar for which registered lease deed dated 30.06.2011 was executed by the respondents in favour of the petitioner."
Heard Sri V.K. Srivastava, learned Senior Advocate assisted by Sri Chetan Chatterjee, learned counsel for the petitioner, Sri K.M. Asthana, learned counsel for the Respondent No. 6, Sri Ramendra Pratap Singh, learned counsel for the Noida Authority and perused the record.
In substance, the controversy is whether the amount of Rs. 72,08,000/- (rupees seventy two lacs and eight thousand) has been deposited with the Bank on 9.4.2011 in favour of the Noida Authority or not.
A perusal of the letter dated 13.5.2019 written by the Noida Authority to the petitioner indicates that receipt/Chalan with respect to amount of Rs. 72,08,000/- deposited by the petitioner on 9.4.2011 is not available with the Noida Authority, as such, the Noida Authority has requested the petitioner to produce the receipt/Chalan with regard to deposit of the said amount for verification purposes.
Learned counsel for the petitioner stated that the receipt/Chalan of the said deposit is not available with petitioner also. According to him, the said money was deposited by the petitioner with the Respondent No. 6, Bank.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, the petitioner is directed to move an application before the Respondent No. 6, Bank within a period of two weeks from today along with a certified copy of this order, if any such application is filed by the petitioner before the Respondent No. 6 requesting it to issue a certificate of deposit of Rs. 72,08,000/- with the Respondent No. 6 in favour of the Greater Noida on 9.4.2011, the Respondent No. 6 shall do the needful and issue a certificate of deposit of the said amount (if any deposited by the petitioner) within a week from the date of receipt of the said application.
Respondent No. 6, Bank shall also communicate about it to the Respondent No. 1, Noida Authority.
With the said observation, this writ petition stands finally disposed of at this stage.
Order Date :- 17.12.2019/vinay