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2025 DAILYLAW 168979 (ALL)

YAMUNA EXPRESSWAY INDUSTRIAL DEVELOPMENT AUTHORITY THRU. AUTH.REPRESENTATIVE SH. PREM PRAKASH SINGH v. SRIKANT SHARMA

RERA/219/2023 · 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. - 219 of 2023 Appellant :- Yamuna Expressway Industrial Development Authority Thru. Auth.Representative Sh. Prem Prakash Singh Respondent :- Srikant Sharma Counsel for Appellant :- Prashant Kumar Singh,Al Aisha Counsel for Respondent :- Surya Bhan Singh,Ravi Dubey 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 Sri Ravi Dubey learned counsel who has filed an application which is duly supported by an affidavit of respondent and in paras-11 to 14 of the said affidavit dated 05.09.2025 filed by Srikant Sharma, he has mentioned that he undertakes that he shall not press for execution of the orders dated 14.09.2023 passed by the Learned Appellate Tribunal as well as the order dated 25.05.2021 passed by Learned Real Estate Regulatory Authority, hence, the appellant does not wish to press his instant appeal which may be dismissed as withdrawn.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 Sri Ravi Dubey and having perused the affidavit dated 05.09.2025 wherein in paragraphs-11 to 14, Sri Srikant Sharma has stated as under:- "11. That the respondent/applicant does not intend to seek any benefit from the orders dated 14.09.2023 passed by the Learned Appellate Tribunal in Appeal No.205 of 2023, as well as the order dated 25.05.2021 passed by Learned Real Estate Regulatory Authority in the complaint case no.NCR144/09/60762/2020. 12 That it is further submitted that the allottee/respondent agrees on the condition that the appellant will refund the entire amount that shall be payable as under clause V-3 of the brochure with the rate of 4 per cent simple interest. 13. That the said calculated amount would be payable from the date of payment of the registration fee till the final actual payment, which will be paid to the allottee within the period of 60 days from the date of withdrawal of proceedings. 14. The respondent categorically submitted he will not take further any benefit by way of execution of either order 14.09.2023 passed by the Learned Appellate Tribunal in Appeal No.205 of 2023, as well as the order dated 25.05.2021 passed by learned Real Estate Regulatory Authority in complaint case no.NCR144/09/60762/2020." 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