Neutral Citation No. - 2025:AHC:73576-DB Court No. - 21 Case :- WRIT - C No. - 42922 of 2024 Petitioner :- Rabindra Kumar Mintri Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nisheeth Yadav Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh,Krishna Dev Vyas,Mata Achal Mishra,Ram M. Kaushik,Vinay Mishra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed by the resolution professional of the Corporate debtor: Today Homes NOIDA Pvt. Ltd. (hereinafter referred to as 'the Company') seeking a direction to respondent no.2 to remove seal placed by it over the building of the Company i.e., Ridge Residency and to quash the letter dated 02.12.2024 by which the petitioner was required to submit no-dues certificate in respect of the dues which had accrued after initiation of the corporate insolvency resolution process. 2. On 11.02.2025, the following order was passed: "1. The submission is that the petitioner applied for revalidation of the building plans by extending the validity period. It was informed by the respondent authority vide letter dated 28.10.2024 that its request for extension of the validity for a period of five years would be subject to payment of Rs. 71,99,463.29. 2. The case of the petitioner is that a sum of Rs. 44,14,100/- deposited by the petitioner on 21.06.2024 by demand draft dated 04.04.2024 was not accounted for while issuing the demand letter dated 28.10.2024. The petitioner had deposited the remaining amount i.e. Rs. 27,85,364/- on 28.10.2024. The respondent authority in a wholly illegal manner proceeded to seal the constructions and is not permitting the petitioner to complete the same resulting in immense difficulties to the allottees. 3. Sri Kaushalendra Nath Singh, learned counsel for the respondent authority, does not dispute that the authority itself required the petitioner to deposit Rs. 71,99,464/- to re-validate the building plan. There is no denial of the specific plea that the entire amount stood deposited. 4. The written instructions submitted by Noida Authority reveals that the plea of insolvency of the petitioner company has been admitted by NCLT and an interim Resolution Professional has been handed over the management of the Company. The petitioner has already filed its claim before the IRP. 5. Sri Kaushalendra Nath Singh, learned counsel for the respondent authority submits that apart from the demand raised vide letter dated 28.10.2024 the Authority is also entitled to levy time extension charges. He fails to explain why the said demand was not raised while issuing the communication dated 28.10.2024. He is also unable to explain the rational behind sealing of the building and not revalidating the building plan resulting in the present stalemate. 6. Sri Kaushalendra Nath Singh, learned counsel for the Noida authority states that the authority would revisit the matter taking into account all the factors. 7. Accordingly, the case is adjourned for three weeks to enable the Authority to take decision in the matter. 8. Put up as fresh on 05.03.2025. 9. The decision, as may be taken by the Authority, shall be brought on record. 10. The order has been passed in presence of Sri Vinay Mishra, counsel for respondent no. 3." 3. Pursuant to the same, the respondent-Development Authority has now passed an order on 09.04.2025 intimating the petitioner of the amount payable by the Company after initiation of the corporate insolvency resolution process. The respondent-Development Authority has removed the seal of the building but has restrained the petitioner from raising further constructions till the map is re- validated. 4. Having regard to the said development, learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to the petitioner to avail further remedy, if so advised. 5. The prayer made is allowed. 6. The petition stands disposed of as withdrawn without prejudice to the right to avail further remedies. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad