- (1.) Heard Sri. Sukumar Patt Joshi, learned Senior Advocate assisted by Sri. Kartikeya Singh and Ratnesh Kumar Singh for the petitioner and Sri. Kaushalendra Nath Singh, learned counsel for the respondents.
(2.) The instant petition has been preferred seeking quashing of a demand notice dated 27 April, 2018 in terms of which the petitioner has been called upon to clear dues amounting to Rs. 349,60,48,342/- in respect of a Group Housing Project located at Sector 93 B, NOIDA. A further writ is sought for directing the respondent Authority to consider the representations of the petitioner dated 23 January, 2018 and 15 May, 2018.
(3.) Pursuant to a notice inviting tenders issued by the respondent Authority on 18 May, 2006, the petitioner appears to have applied for allocation of a plot admeasuring 1,20,000 square metres. The plot was allotted to the petitioner on or about 7 August, 2006 and ultimately a letter of allotment issued on 3 October, 2006. According to the petitioner it was regular in the payment of its installments up to 2008-09 whereafter and on account of the gargantuan economic crisis which befell the real estate market, it fell into arrears. The petitioner thereafter applied for reschedulment of its outstanding dues and by a letter dated 29 April, 2016 was called upon to deposit a sum of Rs. 36,59,89,197/- as a precondition for the reschedulment of dues. This communication further discloses that as on 31 May, 2016, the petitioner owed a sum of Rs. 171,08,34,637/-. The Authority further informed the petitioner that in case the amount stipulated as a precondition is deposited, it would consider rescheduling dues to the extent of Rs. 145,42,09,441/-. The petitioner did not comply with the preconditions imposed and admittedly deposited only Rs. 3 crores after the issuance of the communication aforementioned. Notwithstanding the failure on the part of the petitioner to comply with the conditions imposed in the offer for reschedulment dated 29 April, 2016, the Authority gave it yet another opportunity to apply for reschedul-ment subject to deposit of a sum of Rs. 32,73,75,787/-. Even this offer was not complied with by the petitioner. The Authority gave the petitioner yet another opportunity to apply for reschedulment of its outstanding dues as per terms contained in its letter dated 9 September, 2016. In terms of this communication, the petitioner was called upon to deposit a sum of Rs. 30,25,45,077/-. Yet again this amount stipulated as a prerequisite for the consideration of its prayer for reschedulment was not paid.;