Allahabad High Court
M/S Logix Infrabuild Private Limited vs State Of U.P. And 4 Others on 3 December, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- WRIT - C No. - 16082 of 2020 Petitioner :- M/S Logix Infrabuild Private Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh Sharma Counsel for Respondent :- C.S.C.,Wasim Masood Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, learned State Counsel for the State authorities and Sri Wasim Masood for the respondents.
On 3.11.2020 following orders were passed:-
"Various Orders passed by the Real Estate Regulatory Authority (herein after referred to as the 'Authority') are challenged in this petition.
It remains a fact that a sum of Rs. 9,48,000/- was deposited by the complainant which has not been returned, so far by the petitioner. The agreement executed between the petitioner and the complainant specifies the rate of interest payable by the complainant in the event of default. The appellate authority has fixed 14% interest to be paid to the complainant which is below the rate of interest specified in the agreement.
Various arguments are advanced to urge that the authority itself has no jurisdiction in the matter.
Sri Anil Tewari, learned Senior Counsel appearing for the respondent authority opposes the prayer made in the writ petition.
Before proceeding to examine the contention advanced on merits, it would be appropriate to call upon the petitioner to establish its bonafide before this Court. Petitioner, therefore, shall furnish a bank draft of the entire amount due and payable to complainant in terms of the order passed by the appellate authority by the next date fixed.
Let this matter appear in the additional cause list, once again, on 19.11.2020."
When the matter was taken up next following order was passed on 19.11.2020:-
"Learned counsel for the petitioner states that two employees in the Company have tested 'Positive' for COVID-19 pandemic, and therefore, the petitioner has not been able to comply with the order dated 3.11.2020.
Respondent no.4, who appears in person, opposes the prayer and has also placed a certificate of the Chartered Accountant showing the amount due and payable, copy of which has been furnished to the counsel for the petitioner.
Let this matter appear in the additional cause list, once again, on 3.12.2020, in order to enable the petitioner to comply with the earlier order passed.
It is made clear that no further opportunity would be given in the matter to the petitioner."
Petitioner has not complied with the orders aforesaid of this court. When the matter is taken up today a request is made on behalf of the petitioner to permit him to withdraw this petition.
Petitioner appears to have availed some breathing time on account of the filing of this petition and has failed to establish his bonafide. In such circumstances, the writ petition is dismissed. The authorities are at liberty to proceed expeditiously in terms of their order in accordance with law.
Order Date :- 3.12.2020 Ashok Kr.