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Shri P.N. Khanna vs Phoenix Arc Pvt. Ltd. And Others on 30 January, 2019

Author: Vipin Sanghi

Bench: Vipin Sanghi, Prateek Jalan

$~49.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(C) 987/2019
         SHRI P.N. KHANNA                                  ..... Petitioner
                       Through:           Mr. Amit Grover, Adv.

                            versus

         PHOENIX ARC PVT. LTD. AND OTHERS                    ..... Respondent
                      Through:

         CORAM:
         HON'BLE MR. JUSTICE VIPIN SANGHI
         HON'BLE MR. JUSTICE PRATEEK JALAN

                                     ORDER

% 30.01.2019 C.M. No. 4429/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 987/2019 & C.M. No. 4428/2019 The petitioner assails the orders dated 05.01.2019 and 21.01.2019 passed by the DRT III, Delhi and the DRAT, Delhi. The same orders were assailed in W.P. (C.) No. 939/2019, preferred by Shri Pradeep Rana. The said petition has been disposed of on 29.01.2019 by passing the following order.

Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 939/2019 & C.M. No. 4236/2019 The petitioner has preferred the present writ petition to assail the order dated 21.01.2019 passed by the DRAT in Misc. Appeal No. 31/2019. By the said order, the proceedings in the petitioner's Misc. Appeal No. 31/2019 stand adjourned to 02.04.2019 on account of the Chairperson not holding Court on that day. He also seeks stay of the order dated 05.01.2019 which is typed as 03.01.2019, passed in SA No. 270/2017. There are two orders of the said date and in the order placed at page No.29 of the record, the petitioner has been directed to pay the fee of the Court Reciever of Rs. 70,000/-. It is this order which the petitioner has assailed before the DRAT in the aforesaid Misc. Appeal No. 31/2019.

We are not inclined to interfere in the proceedings at this stage. The petitioner's Misc. Appeal is pending before the DRAT, it is for the petitioner to pursue his remedies before the DRT and DRAT.

It is open to the petitioner to deposit the said amount of Rs. 70,000/- directed to be paid by the DRT under protest and subject to decision in the Misc. Appeal.

The petitioner, at this stage, seeks time to deposit the said amount of Rs.70,000/-. The same may be deposited within the next two weeks.

The petition stands disposed of in the aforesaid terms."

We dispose of the present petition in the same terms. Dismissed.

Dasti.

VIPIN SANGHI, J PRATEEK JALAN, J JANUARY 30, 2019 N.Khanna