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Delhi High Court - Orders

Mep Infrastructure Developers Ltd vs South Delhi Municipal Corporation And ... on 8 July, 2020

Author: Siddharth Mridul

Bench: Siddharth Mridul, Talwant Singh

$~1
*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+      LPA 167/2020

       MEP INFRASTRUCTURE DEVELOPERS
       LTD.                                  ..... Appellant
                   Through: Mr. Mukul Rohtagi, Mr. Rajiv
                            Nayar, Senior Advocates with Mr.
                            Rajiv Dwivedi and Mr. Azeem
                            Samuel, Advocates

                          versus

       SOUTH DELHI MUNICIPAL CORPORATION
       AND ORS.                                 ..... Respondents
                    Through: Mr. Tushar Mehta, Solicitor General
                             of India, Mr. Sanjay Jain, ASG with
                             Ms. Garima Prashad and Mr.
                             Sriharsha Peechara, Advocates
                             Mr. Sandeep Sethi, Senior Advocate
                             with Mr. Rakesh Sinha and Mr.
                             Pawan Kumar Bansal, Advocates

       CORAM:
       HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
       HON'BLE MR. JUSTICE TALWANT SINGH

                               ORDER

% 08.07.2020 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19.

CM APPL.14464/2020 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly.

LPA 167/2020 Page 1 of 3

CM APPL.14463/2020 (Exemption) The present application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/appellant seeking exemption from filing duly attested affidavits in support of the accompanying applications and to pay the requisite court fees.

For the reasons stated in the application and in view of the present prevailing situation, the same is allowed. The applicant/appellant is allowed to file the duly signed and attested affidavits within a period of one week from the date of resumption of regular functioning of the Court. Further, the applicant/appellant is allowed to file the requisite court fee within a period of 72 hours from the date of resumption of regular functioning of the Court.

With the above directions, the application is disposed of. CM APPL.14462/2020 (For modification) Mr. Mukul Rohatgi, learned Senior Advocate and Mr. Rajiv Nayar, learned Senior Advocate appearing on behalf of the appellant MEP Infrastructure Developers Ltd., state that, they have already transmitted a sum of Rs.l5 crores to the account of South Delhi Municipal Corporation by way of demand draft on 26.06.2020.

Learned Senior Advocates for the appellant further state that, they shall transmit a sum of Rs.22.04 crores, by way of two demand drafts, amounting to Rs.11.02 crores each bearing DD Nos.243155 and 243156 dated 06.07.2020 and 07.07.2020 respectively, drawn on State Bank of India, Dombivli (West), to the account of South Delhi Municipal Corporation, during the course of the day today.

Directed accordingly.

LPA 167/2020 Page 2 of 3

Mr. Tushar Mehta, learned Solicitor General of India appearing on behalf of the South Delhi Municipal Corporation states that, they shall accept the above said demand drafts of Rs.11.02 crores each (Rs.22.04 crores), without prejudice to their rights and contentions.

Mr. Tushar Mehta, learned Solicitor General of India appearing for the South Delhi Municipal Corporation further states that, the appellants have regularly defaulted in the payment of amounts, directed to be paid by this Hon'ble Court, from time to time.

Learned counsel appearing on behalf of the parties are directed to file brief written synopsis of submissions, running into not more than five pages, along with copies of relevant decisions on which they seek to rely, during the course of the day today, with advance copies to the learned counsel appearing on the other side.

List on 10.07.2020, the date already fixed for the hearing of the appeal.

SIDDHARTH MRIDUL, J TALWANT SINGH, J JULY 08, 2020 as/dn LPA 167/2020 Page 3 of 3