Court No. - 33
Case :- WRIT - C No. - 19881 of 2019 Petitioner :- M/S Sikka Infrastructure Pvt. Ltd. Respondent :- Uttar Pradesh Real Estate Appellate Tribunal And Another Counsel for Petitioner :- Anubhav Singh Counsel for Respondent :- C.S.C.,Kuldeep Singh,Wasim Masood
Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondent no. 2; Ms. Tanya Pandey, holding brief of Shri Wasim Masood, for respondent no. 1 and Shri Surendra Kumar Mishra for Sunny Sharma who has filed a Caveat.
The instant petition seeks a direction upon the first respondent (U.P. Real Estate Appellate Tribunal) to decide the appeal (Appeal Misc. No. 185 of 2019) expeditiously within a specified period. A second prayer has also been made which is for a direction upon the first respondent to decide the stay application pending in the said appeal.
It appears that against an order passed by the Real Estate Regulatory Authority, a petition was filed before the Lucknow Bench of this Court i.e. Misc. Bench No. 6532 of 2019. The said petition was got dismissed as withdrawn with liberty to file an appeal. The order of dismissal of Misc. Bench No. 6532 of 2019 was passed on 04.04.2019.
It appears that pursuant to the liberty given by the writ Court, the petitioner filed appeal under Section 44 of the Real Estate (Regulation And Development) Act, 2016 along with the delay condonation application.
The grievance of the petitioner is that 22.07.2019 is the next date fixed in the proceedings before the Appellate Authority and in the meantime, the respondents are seeking to recover the amount.
On a query put by the Court as to when the recovery proceedings were initiated, the learned counsel for the petitioner stated that recovery certificate was issued on 04.02.2019 that is before the petitioner withdrew his petition filed before Lucknow Bench of this Court.
Under the circumstances as also that the appeal is not yet instituted, inasmuch as it was filed with a delay condonation application and it has not been stated that the delay has been condoned, we deem it appropriate to dispose off this petition by giving liberty to the petitioner to move an application before the Appellate Tribunal for expediting the hearing on the stay application by showing the urgency, if the other side is already served with notice of the proceedings and the delay in filing the appeal has been condoned. If any such application is moved, the Tribunal shall endeavour to take an expeditious decision on the stay application. This would be without prejudice to the power of the Appellate Tribunal to decide appeal itself, if otherwise possible.
The writ petition is disposed off. Order Date :- 6.6.2019 VR