Delhi High Court - Orders
3 Ntt Data Global Delivery Services Pvt. ... vs M/S. Splendor Landbase Ltd on 21 May, 2021
Author: J.R. Midha
Bench: J.R. Midha
$~O-3 to O-5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 108/2021 & I.A. Nos. 6550/2021, 6551/2021
3 NTT DATA GLOBAL DELIVERY
SERVICES PVT. LTD. ..... Petitioner
Through: Mr. Vikas Tomar, Advocate
versus
M/S. SPLENDOR LANDBASE LTD ..... Respondent
Through: Ms. Namitha Mathews and Mr. Pulkit
Malhotra, Advocates
+ O.M.P.(I) (COMM.) 109/2021
4 NTT DATA GLOBAL
DELIVERY SERVICES PVT. LTD ..... Petitioner
Through: Mr. Vikas Tomar, Advocate
versus
SPLENDOR LANDBASE LTD ..... Respondent
Through: Ms. Namitha Mathews and Mr. Pulkit
Malhotra, Advocates
+ O.M.P.(I) (COMM.) 110/2021 & I.A. Nos.6552/2021 & 6553/2021
5 NTT DATA GLOBAL
DELIVERY SERVICES PVT. LTD ..... Petitioner
Through: Mr. Vikas Tomar, Advocate
versus
SPLENDOR LANDBASE LTD ..... Respondent
Through: Ms. Namitha Mathews and Mr. Pulkit
Malhotra, Advocates
Signature Not Verified
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
13:51:11
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
% 21.05.2021 I.A. 6551/2021 IN O.M.P.(I) (COMM.) 108/2021 I.A. 6553/2021 IN O.M.P.(I) (COMM.) 110/2021 Allowed, subject to just exceptions.
I.A. 6550/2021 IN O.M.P.(I) (COMM.) 108/2021 I.A. 6552/2021 IN O.M.P.(I) (COMM.) 110/2021
1. Issue notice. Learned counsel for the petitioner accepts notice and has no objection to the correction in para 9 of the order dated 03rd May, 2021.
2. The application is allowed and the words "the petitioner" in the third and fourth line of para 9 of the order dated 03rd May, 2021 are corrected and be read as "the respondent" and "refund" in the fourth line is corrected and be read as "claims". The corrected para 9 is reproduced as under: -
"9. Learned counsel for the petitioner vehemently disputes the statement made by learned counsel for the respondent. Learned counsel for the respondent submits that even after adjusting the outstanding rent and GST, the respondent is entitled to claims of Rs.2,85,22,058/- in O.M.P.(I) (COMM.) 108/2021, Rs.5,19,15,911/- in O.M.P.(I) (COMM.) 109/2021 and Rs.1,77,73,501/- in O.M.P.(I) (COMM.) 110/2021. It is further submitted that the respondent cannot claim the penalty and interest for late deposit of GST."
O.M.P.(I) (COMM.) 108/2021 O.M.P.(I) (COMM.) 109/2021 O.M.P.(I) (COMM.) 110/2021
3. Learned counsel for the respondent submits that the respondent has filed an affidavit in terms of para 10 of the order dated 03 rd May, 2021.
Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:01.06.2021 13:51:11However, the same is not on record.
4. Learned counsel for the petitioner submits that he has received an advance copy of the affidavit in which the respondent has adjusted the rent up to 31st March, 2021 whereas this Court had directed the respondent to adjust the rent up to 27st March, 2021. It is further submitted that the rent of four days would be approximately @ Rs.3,00,000/- per day.
5. This respondent is permitted to amend its affidavit which even otherwise has been returned under objections and file a fresh affidavit with adjustment of rent up to 27th March, 2021 as directed in para 10 of the order dated 03rd May, 2021.
6. The affidavit be filed within one week. The response to the affidavit be filed by the next date of hearing.
7. List for reporting compliance on 03rd June, 2021.
J.R. MIDHA, J.
MAY 21, 2021 ds Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:01.06.2021 13:51:11