Court No. - 10
Case :- WRIT - C No. - 14857 of 2018 Petitioner :- M/S Prateek Realtors India Pvt. Ltd. Respondent :- U.P. Housing And Development Board And 2 Others Counsel for Petitioner :- Vinayak Mithal,Mr. V.K. Singh (Sr. Advocate) Counsel for Respondent :- Ajit Singh
Hon'ble Vikram Nath,J. Hon'ble Suneet Kumar,J.
Copy of the writ petition has been provided to Sri A.K. Goel, learned Addl. Chief Standing Counsel appearing for the State- respondent.
Heard Sri V.K. Singh, learned Senior Counsel assisted by Sri Vinayak Mithal, learned counsel appearing for the petitioner, Sri Pradeep Kumar Srivastava holding brief of Sri Ajit Singh, learned counsel representing respondents no. 1 & 2 and Sri A.K. Goel, learned Addl. Chief Standing Counsel representing the State-respondent.
Normally, we would not have entertained the writ petition praying for installments of the defaulted amount after issuance of recovery certificate by the Awas Vikas Parishad against the petitioner as it would be purely a contractual matter between the petitioner and the Awas Vikas Parishad but in view of the fact that the petitioner has given undertaking that it would continue to deposit the subsequent installments falling due from June 2018 and onwards on time and also to pay the defaulted amount of Rs.37,51,84,217/- as on 28 March 2018 along with interest liability that may accrue till payment is made, within a period of two months on or before 30 June 2018, we are providing some indulgence to the petitioner.
In view of above, we dispose off this petition by issuing the following directions:
i) in order to show its bona fide, petitioner will deposit an amount of Rs.7.5 crore within 10 days from today;
ii) balance amount of the defaulted amount as per recovery certificate dated 28 March 2018 along with accrued interest thereon may be paid in two installments, the first by 31 May 2018 and the second by 30 June 2018;
iii) it is made clear that if the amount of Rs.7.5 crore is deposited within 10 days from today, the proceedings pursuant to recovery certificate dated 28 March 2018 shall be kept in abeyance and in the event, the amount is not deposited, the Awas Vikas Parishad and the Collector, Ghaziabad would be free to proceed with the recovery of the amount;
iv) any amount already deposited by the petitioner as against the said defaulted installment before filing of this petition shall also be adjusted in determining the final amount due to be paid on or before 30 June 2018.
This order may not be treated as a precedence as it has been passed in peculiar facts and circumstances of the case.
Order Date :- 25.4.2018 Mukesh Kr.
(Suneet Kumar,J) (Vikram Nath,J)