Delhi High Court - Orders
Fortune Grand Management Pvt. Ltd vs Delhi Tourism & Transportation ... on 16 October, 2020
Author: Najmi Waziri
Bench: Najmi Waziri
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 8081/2020
FORTUNE GRAND MANAGEMENT PVT. LTD. .....Petitioner
Through: Mr M.A. Niyazi and Mr Avadh
Kaushik, Advocates.
versus
DELHI TOURISM & TRANSPORTATION
DEVELOPMENT CORPORATION LTD. ..... Respondent
Through: Mr R.K. Dhawan, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 16.10.2020 The hearing was conducted through video conferencing. CM APPL.26264 /2020 (Exemption)
1. Allowed subject to all just exceptions. The application stands disposed-off.
W.P. (C) 8081/2020 & CM APPL.26265 /2020 (stay)
2. Issue notice.
3. Notice is accepted by Mr. R.K. Dhawan, the learned counsel for the respondent.
4. At the request of the learned counsel for the parties, the petition is taken up for disposal.
5. The petitioner is aggrieved by an order which relied upon a supposed disposal of its application for interim relief. When it was brought to the notice of the learned Appellate Authority that there was no earlier order disposing-off the application, though the review application was allowed but stay application of the petitioner was dismissed. The erroneous dismissal of the petitioner's stay application was on 01.10.2020 and order in the review application was passed on 07.10.2020. Recovery notices have been issued by the SDM.
6. The learned counsel for the respondent, submits that the respondent would like to recover its monies as soon as possible, since the matter has been pending for quite some time; that the petitioner has already offered to deposit Rs.7.5 lakhs before the learned Appellate Authority.
7. The recovery notice is for Rs.32,86,867/-, along with interest accrued thereon. The principal amount is Rs.29,36,396/-. A Bank Guarantee of Rs.26 lakhs has already been encashed by the respondent. Therefore, the balance is a very small amount, which could be duly looked into, at the appellate stage.
8. Since the appeal itself is likely to be heard on 23.10.2020 and the petitioner itself has undertaken to deposit an amount of Rs.7.5 lakhs, let the said amount be deposited before the learned Appellate Authority on or before 23.10.2020.
9. In the circumstances, Mr. Dhawan assures the Court that no precipitate action will be pursued against the petitioner till the disposal of the appeal.
10.The learned counsel for the parties assure the Court that they would assist the learned Appellate Authority promptly on 23.10.2020 and will not seek any adjournment. They submit that they would rather have the appeal disposed-off at the earliest, especially since it has been pending for about half a decade.
11.In view of the long pendency of the appeal, the Appellate Authority is requested to endeavour to dispose-off the petitioner's appeal, preferably in six months.
12.The writ petition, along with the pending application is disposed-off in the above terms.
13. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail.
NAJMI WAZIRI, J OCTOBER 16, 2020/rd