Allahabad High Court
M/S. Sunshine Trade Tower Pvt. Ltd. vs Uttar Pradesh Real Estate And Another on 11 April, 2023
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 34562 of 2022 Petitioner :- M/S. Sunshine Trade Tower Pvt. Ltd. Respondent :- Uttar Pradesh Real Estate And Another Counsel for Petitioner :- Siddharth Singhal Counsel for Respondent :- Wasim Masood,Kaushalendra Nath Singh,Mohd. Afzal,Rahul Agarwal Hon'ble Manoj Kumar Gupta,J.
Hon'ble Prashant Kumar,J.
Personal affidavit filed by the Director of the petitioner-Company in compliance of our previous order is taken on record.
The Court, having regard to the nature of controversy, suggested the parties to settle the dispute amicably. We appreciate the efforts made by learned counsel for the parties in getting the matter sorted out amicably.
Sri Anoop Trivedi, learned Senior Counsel, appearing for the petitioner, assisted by Sri Siddharth Singhal, state that the petitioner-Company, is ready to pay Rs. 37,24,088/- to respondent no. 2 in full and final satisfaction of all his claims against the petitioner-Company.
Sri Kaushalendra Nath Singh, learned counsel appearing for respondent no. 2, is agreeable to the proposal. He submits that Rs. 97,86,075/- deposited by the petitioner before Tehsildar has yet not been transmitted to Real Estate Regulatory Authority (RERA) and consequently it has not been released in favour of respondent no. 2 so far.
Sri Anil Tiwari, learned Senior Counsel, appearing for respondent no. 1, assisted by Sri Rahul Agarwal and Sri Mohd. Afzal, state that as soon as the amount is received by RERA, it will be released in favour of respondent no. 2.
Having regard to the above consensus between the parties, we dispose of the instant petition as follows: -
(a) The petitioner will deposit three post-dated cheques of equal amount totaling Rs. 37,27,088/-, spread over a period of six months, in favour of respondent no. 2 before respondent no. 1 within one week from today. The first cheque will be of current date, the next one would be encashable on the last day of the third month and the third one on the last day of the sixth month.
(b) Respondent no. 1 will hand over the cheques to respondent no. 2.
(c) The aforesaid payment will be in full and final satisfaction of all claims of respondent no. 2.
(d) The amount (Rs. 97,86,075/-) that had been deposited by the petitioner before the Tehsildar will be transmitted to RERA (respondent no. 1) forthwith.
(e) The District Magistrate will ensure compliance of this direction as soon as a copy of the instant order is filed before him.
(f) As soon as the aforesaid amount is received by respondent no. 1 from the Tehsil Authority, it will be released in favour of respondent no. 2.
(Prashant Kumar, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.4.2023 Jaideep/-