Court No. - 29
Case :- WRIT - C No. - 23236 of 2019 Petitioner :- M/S Skv Infotech Pvt. Ltd.
Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Siddharth Singhal,Ankita Jain Counsel for Respondent :- C.S.C.,Anil Tiwari,Wasim Masood Hon'ble Pankaj Mithal,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard Sri Siddharth Singhal, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The Real Estate Regulatory Authority had passed an order on 9.7.2018 directing the petitioner to pay a certain amount so as to the refund amount invested by the respondent no. 5 in Windsor Park Project, Greater Noida.
The aforesaid order has been challenged by the petitioner in appeal before the Real Estate Appellate Authority, Lucknow.
In the meantime, on the basis of aforesaid order, the impugned recovery citation dated 15.3.2019 has been issued in the name of the petitioner.
The petitioner has filed this petition challenging the said recovery citation and for a direction that the recovery be not made from it till the appeal is decided by the appellate authority.
It is alleged that the appellate authority is not regularly functioning and that very recently, a Presiding Officer of the appellate authority has been appointed. Therefore till the stay application of the petitioner in the said appeal is considered, the recovery be stayed against the petitioner.
There is no dispute to the fact that a Presiding Officer of the appellate authority has been appointed and that the appellate authority has started functioning regularly. The appellate authority has fixed 28.8.2019 as the next date in the appeal of the petitioner.
In view of the aforesaid facts and circumstances, we do not consider it appropriate to interfere in the matter and the writ petition stands disposed off with liberty to the petitioner to make an application for fixation in the earlier date of appeal or at least to consider the application for stay, if any, pending therein.
It is expected that, if such an application is filed, the appellate authority shall consider it and try to dispose off the stay application of the petitioner most expeditiously at its convenience, provided that the appeal is pending and is not lying defective.
The writ petition is disposed off.
Order Date :- 26.7.2019 Saurabh