Delhi High Court - Orders
South Delhi Municipal Corporation vs Sweka Power Tech Engineers Pvt. Ltd. & ... on 3 August, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 469/2020 & I.A. 8088/2020
SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Mr. Utkarsh Kulvi with Mr. Arpit
Yadav, Advocates.
Ms. Priyansha Sinha, Advocate.
versus
SWEKA POWER TECH ENGINEERS PVT. LTD. & ORS.
..... Respondents
Through: Mr. Gaurav Sarin with Ms. Charul
Sarin and Mr. Harish Kumar,
Advocates for R-1.
Mr. Sunil Goel, Standing Counsel
with Mr. Shubhankar, Advocate for
R-2/NDMC.
Mr. Aakansha Kaul with Mr. Manek
Singh and Mr. Aman Sahani,
Advocates for EDMC.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 03.08.2022 Learned counsel appearing for the petitioner submits that senior counsel leading them in the matter is not available today; and seeks accommodation on that ground.
2. Mr. Gaurav Sarin, learned counsel appearing for respondent No. 1 points-out that vidé order dated 28.09.2020 the petitioner was directed to deposit in court the 'decretal amount', which was to be retained in an interest bearing fixed deposit. Mr. Sarin submits however, that the petitioner has only deposited the 'awarded sum' which does not include the post-award interest.
Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:06.08.2022 O.M.P. (COMM) 469/2020 Page 1 of 2 15:19:473. Mr. Sarin submits that in its affidavit dated 03.03.2021, respondent No. 1 has given the calculation of the decretal amount required to be deposited as of that date. It is pointed-out though, that a typographical error has crept into para 9 of the affidavit, where in the last sentence of para 9, the date stated is 01.12.2021 instead of 01.12.2012. It is directed that the affidavit be read accordingly.
4. Counsel appearing for the petitioner and respondents Nos. 2 and 3 also point-out, that by reason of the merger of the three municipal corporations in Delhi, the SDMC, EDMC and North DMC now stand merged into one entity namely the MCD. In view thereof, counsel for the petitioner seeks time to file an amended memo of parties to reflect the changed status of the municipal corporations.
5. Counsel also request further time to seek instructions as to the balance sum due towards the 'decretal amount', as indicated in affidavit dated 03.03.2021.
6. Let the needful be done before the next date of hearing.
7. Subject to compliance of the foregoing, list for hearing on 28th November 2022.
8. Let learned counsel for the parties file written synopses of their respective submissions alongwith a list of judicial precedents they seek to rely upon, before the next date of hearing; with copies to the opposing counsel.
ANUP JAIRAM BHAMBHANI, J AUGUST 3, 2022/ds Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:06.08.2022 O.M.P. (COMM) 469/2020 Page 2 of 2 15:19:47