Delhi High Court - Orders
Tdi Infrastructure Ltd vs Govt. Of Nct Of Delhi & Ors on 25 April, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~127
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1778/2022
TDI INFRASTRUCTURE LTD. ..... Petitioner
Through: Mr.Abhimanyu Bhandari, Ms.Roohe
Hina Dua and Ms.Ananya Sikri,
Advocates.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr.Mukesh Kr, APP for the State
with Inspector Virender Singh, EOW.
Mr.Amit Singh Chauhan, Advocate
for complainant/R3 & 4.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 25.04.2022 CRL.M.A. 7567/2022
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 1778/2022, CRL.M.A. 7566/2022
3. This petition is filed for quashing of the FIR No.19/2018 under Section 420/406/34/120B IPC at police station EOW against the petitioner.
4. It is the submission of the learned counsel for the petitioner the main dispute is qua the size of the plot which the petitioner has to hand over to respondents No.3 & 4 i.e. a commercial plot admeasuring 204 Square Yards in TDI City at Sonepat, Haryana allotted vide letter dated 05.01.2006 and a sum of Rs.4.00 Lac was received against such booking.
5. It is the submission of the learned counsel for the petitioner the respondents No.3 & 4 are apprehensive of the fact only 90 Square Yards plot is being handed over to them. The complainant sent legal notice to Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:28.04.2022 10:31 petitioner, which was duly replied by petitioner on 29.08.2018 clarifying the fact the petitioner would be handing over to respondents No.3 & 4 a plot of 204 Square Yards their apprehension is misconceived. He has also referred to the bail order dated 28.04.2021 wherein it is also mentioned petitioner has offered a plot of 204 Square Yards.
6. Issue notice. The learned APP for the State/respondents No.1 & 2 as also learned counsel for the respondents No.3 & 4 / complainant accept notice and intend to file a status report/response in this regard. Be filed within six weeks with an advance copy thereof to the learned counsel for petitioner. Rejoinder thereto, if any, be also filed within four weeks thereafter.
7. List on 31.10.2022, and in the meanwhile, as the dispute is only qua the size of plot and petitioner is still offering the plot size of 204 square yards to respondents No.3 & 4, hence the representative of the petitioner and respondents No.3 & 4 may visit the plot in question on an agreed date, in the presence of Investigating Officer and get the plot measured through an authorised agency so as to find out the actual size of the plot and this fact should also find mention in the status report.
8. Till the next date of hearing, in case any exemption application is preferred by the petitioner before the learned Trial Court, the same shall be considered by the learned Trial Court favourably.
9. Order dasti.
YOGESH KHANNA, J.
APRIL 25, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:28.04.2022 10:31