M/S Newtech Promoters And ... vs Sri Surya Kant Sharma
2023 Latest Caselaw 22614 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55349
 
Court No. - 17
 
Case :- RERA APPEAL No. - 137 of 2020
 
Appellant :- M/S Newtech Promoters And Developers Pvt. Ltd.
 
Respondent :- Sri Surya Kant Sharma
 
Counsel for Appellant :- Manish Singh,Azhar Ikram,Umesh Chandra
 
Counsel for Respondent :- Kuldeep Johri,Neeraj Gupta,Sunil Dixit
 

 
Hon'ble Alok Mathur,J.

1. Present appeal under Real Estate (Regulation and Development) Act, 2016 has been filed against the judgment and order dated 20.11.2020 whereby Appeal No.78 of 2020 was allowed by Uttar Pradesh Real Estate Appellate Tribunal, Lucknow and the matter was remitted to the Regulatory Authority to examine and decide the issue afresh.

2. This Court by means of order dated 13.1.2021 has stayed the order of the Tribunal in so far as it relates to depositing the entire amount recovered from the appellant in the account of RERA during pendency of the complaint. This Court had further provided that the RERA is not prevented from hearing the complaint on its merit and form passing appropriate order thereon during the pendency of the appeal.

3. Learned counsel for the respondent has informed this Court that the Regulatory Authority in the meantime in the remand proceedings decided the said controversy on 2.11.2021 and a copy of the order has been produced before this Court. According to the said order the amount of money deposited by the respondent has been directed to be returned with 24 per cent interest apart form the other benefits as provided therein.

4. Considering the fact that in the remand proceedings the matter has been decided under Section 31 of the Act of 2016 on 2.11.2011 by the Regulatory Authority against which no appeal has been preferred by the appellant but the money is not being released only because of the interim order passed by this Court.

5. In light of the aforesaid statement made by learned counsel for the respondent and also considering the fact that the authority has disposed of the complaint by means of judgment and order dated 2.11.2021 the present appeal is rendered infructuous.

6. In light of the above, the petition is dismissed as infructuous and the interim order dated 13.1.2021 stands vacated.

Order Date :- 21.8.2023/RKM. (Alok Mathur, J.)