Delhi High Court - Orders
Kishan Freight Forwarders vs Union Of India And Ors on 29 January, 2019
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 910/2019 & CM APPL. No. 4098/2019
KISHAN FREIGHT FORWARDERS ..... Petitioner
Through : Mr. Ashish Mohan, Mr.Chetan Wahi,
Mr.Akshit Mago, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through : Mr. Preet Singh, Advocate for
Mr.Jagjit Singh, Senior Standing
counsel for Railways with Mr.Vipin
Chaudhary, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 29.01.2019 CM APPL. No. 4098/2019 (for exemption) Allowed, subject to just exceptions.
This application stands disposed of.
W.P.(C) No. 910/2019 The petitioner is aggrieved by the respondents/Northern Railways' omission to release the security deposits made by the petitioner under eight agreements for leasing of parcel space entered into between the parties, long after the agreements had run their term.
It is the petitioner's case, that as is evident from response dated 18.05.2018 given by the respondents to the petitioner's queries under the Right to Information Act, 2005, respondents in fact admit that the amounts towards security deposits are refundable; however, no refund has been forthcoming till date. The petitioner further states that although there are arbitration clauses in all eight agreements in question, however, considering the small amounts involved, it is impractical and therefore inefficacious to resort to the remedy of arbitration in such cases.
Issue notice.
Mr. Preet Singh, learned Proxy Counsel on behalf of Mr.Jagjit Singh, learned Senior Standing Counsel for the respondents accepts notice ; and seeks four weeks' time to file counter affidavit.
Let counter affidavit be filed within four weeks; rejoinder thereto, if any, be filed within two weeks of receiving counter affidavit.
Re-list for consideration on 13.05.2019.
ANUP JAIRAM BHAMBHANI, J JANUARY 29, 2019 j