The Allahabad High Court has sought response from the government of Uttar Pradesh on functioning of the Real Estate Appellate Tribunal in the state and restrained from disbursing any further amount deposited by the petitioner under the recovery certificate.
The Division Bench of Justice Vivek Chaudhary and Justice Manish Kumar heard the petition filed by Apv Realty Ltd Delhi Through Authorized Signatory Mandhata Singh.
It is stated by counsel for the petitioner that U.P Real Estate Appellate Tribunal at this stage, is not functional due to non availability of the Members, hence, he has approached the Court despite appeal filed before the Real Estate Appellate Tribunal.
In the supplementary affidavit filed by the counsel for the petitioner, it is stated that petitioner has paid the entire amount by way of a demand draft to the Tehsildar Dadari involved in the recovery certificate impugned in the petition.
He submitted that part of the amount from the same stands disbursed in favour of respondent no 6 (Shakil Ahmed) but a certain portion which is under dispute in the appeal filed by the petitioner is not yet disbursed.
Further submission is that he has already deposited a huge amount on behalf of respondent no 6 under the tripartite agreement to the Bank from which loan was taken for the property concerned.
In view thereof, a case for consideration is made out, the court observed.
“Till the next date of listing, respondents are restrained from disbursing any further amount deposited by the petitioner under the impugned recovery certificate.
On the next date of listing, the State Government along with the counter affidavit will also inform with regard to steps taken for functioning of the Real Estate Appellate Tribunal. List after four weeks”, the Court ordered.