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2025 DAILYLAW 168914 (ALL)

YAMUNA EXPRESSWAY INDUSTRIAL DEVELOPMENT AUTHORITY THRU. AUTH.REPRESENTATIVE SH. PREM PRAKASH SINGH v. NAVIN GALHOTRA

RERA/175/2023 · 2025-04-09

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20058 Court No. - 8 Case :- RERA APPEAL No. - 175 of 2023 Appellant :- Yamuna Expressway Industrial Development Authority Thru. Auth.Representative Sh. Prem Prakash Singh Respondent :- Navin Galhotra Counsel for Appellant :- Prashant Kumar Singh,Al Aisha Counsel for Respondent :- Nirmit Srivastava,Alok Kumar Mishra Hon'ble Jaspreet Singh,J. Sri Prashant Chandra learned senior counsel assisted by Sri Prashant Kumar Singh learned counsel for the appellant submits that since the respondent who is represented by Ms. Mahima Pahwa has filed an application which is duly supported by an affidavit of respondent and in para 10 of the said affidavit dated 22.03.2025 filed by Navin Galhotra, he has mentioned that he undertakes that he shall not press for execution of the order dated 21.12.2021 passed by the RERA Authority as well as the order passed by the RERA Appellate Tribunal, hence, the appellant does not wish to press his instant appeal which may be dismissed as withdrawn. The Court has considered the aforesaid submissions and also the stand taken by the respondent represented by Ms. Mahima Pahwa and having perused the affidavit dated 22.03.2025 wherein in paragraph 10 Sri Navin Galhotra has stated as under:- "10. That the Respondent most humbly submits that he does not intend to seek the benefit arising out of the order dated 21.12.2021 passed by the learned Real Estate Regulatory Authority in complaint Case No.NCR144/04/74279/2021 and the order dated 14.09.2023 passed by the Learned U.P. Real Estate Appellate Tribunal in Appeal No.765 of 2022 (Navin Galhotra Vs YEIDA). As such, the Respondent does not want to press the execution of the order dated 21.12.2021 passed by the learned Real Estate Regulatory Authority and 14.09.2023 passed by Learned U.P. Real Estate Appellate Tribunal and the Respondent categorically undertakes that he shall not press for execution of the order dated 21.12.2021 passed by the learned Real Estate Regulatory Authority in Complaint Case no.NCR144/04/74279/2021 and the order dated 14.09.2023 passed by the Learned U.P. Real Estate Appellate Tribunal in Appeal No.765 of 2022 (Navin Galhotra Vs. YEIDA)." In view thereof since the appellant does not wish to press the appeal, the same is dismissed as not pressed. As far as the request of the senior counsel regarding direction for release of deposited amount before REAT is concerned, it will be open for the appellant to move an appropriate application before the REAT for refund of the money. In case, if such an application is moved the same shall be considered by the REAT on its own merits. Order Date :- 9.4.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench