Court No. - 29
Case :- WRIT - C No. - 23716 of 2020 Petitioner :- M/S Prerna Constructions P. Ltd. And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J. Hon'ble Piyush Agrawal,J.
Heard Sri Hitesh Pachori, learned counsel appearing on behalf of petitioners and learned Standing Counsel for State.
The case of the petitioners is that they are builders and they entered into an agreement with respondent no. 2 for sale of apartment which could not be delivered before the contemplated date resulting in complaint by respondent no. 4 before respondent no. 2, which came to be allowed on 6.8.2018 with direction to the petitioner to refund principal amount of Rs. 58,800,000/- and interest of Rs. 38,120,153.42/- (total amount Rs. 9,69,20,153.42/-) followed by a recovery certificate dated 25.7.2019 issued against the petitioners. The petitioners filed an application dated 13.8.2020 purporting to invoke the powers of the RERA Authority under Section 4 (2) (1) (c) for rectification of the order dated 6.8.2018, which is pending before respondent no. 2.
Learned counsel appearing on behalf of respondents states that no useful purpose would be served by keeping this petition pending, same be disposed off by giving appropriate direction to the respondent concerned.
The writ petition is disposed of with the direction to the competent authority concerned to decide the pending application dated 13.8.2020, as expeditiously as possible, preferably within a month from the date of receipt of this order.
Order Date :- 8.1.2021 Rahul Dwivedi/-