Bombay High Court
Lemon Seeds Hospitality Pvt. Ltd vs Union Of India And 5 Ors on 14 September, 2021
Bench: K.K. Tated, Prithviraj K. Chavan
12-WP-L-3881-2020.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION [L] NO.3881 OF 2020
M/s. Lemon Seeds Hospitality Pvt. Ltd. ] Petitioner
Vs.
Union of India and others. ] Respondents
.....
Mr. Subhash Jha a/w Mr Harekrishna S. Mishra i/b Law Global
Advocate, for Petitioner.
Ms. Jyoti Chavan, A.G.P, for Respondent-State.
.....
CORAM : K.K. TATED &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 14 th SEPTEMBER, 2021.
P.C.
1. Heard learned Counsel for the parties.
2. By this petition under Article 226 of the Constitution of
India, the petitioner is seeking direction against respondent No.3
to forthwith refund the petitioner a sum of Rs.8,13,60,000/- (Rs.
Eight Crores, Thirteen Lakhs, Sixty Thousand only) paid over by
the petitioner to them in respect of E tender dated 26 th September,
2018 invited by respondent No.3.
Digitally signed by SHAILAJA
SHAILAJA SHRIKANT SHRIKANT HALKUDE
HALKUDE Date: 2021.09.16 16:14:41 +0530
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12-WP-L-3881-2020.doc
3. Learned Counsel appearing on behalf of the petitioner
submits that after declaring the petitioner as successful bidder,
they learnt that the said property was attached by Enforcement
Directorate, hence, they filed Miscellaneous Application No.1079
of 2019 in M.P.I.D Special Case No.1 of 2014 for lifting the said
attachment. He submits that after hearing both the sides, the
Special Judge, M.P.I.D, Mumbai passed order dated 2 nd November,
2019 and directed respondent No.3 in that matter, Enforcement
Directorate to release the attachment. Operative part of the said
order reads thus;
ORDER
"1.The application is hereby partly allowed.
2. The property bearing No.193/1, Village Devali, Mehrauli, New Delhi, admeasuring 2200 Square Yards is ordered to be released from the attachment made by respondent No.3.
3.Inform the Directorate of Enforcement, Mumbai.
4.The Competent Authority shall do the needful.
5.Rest of the reliefs claimed by the applicant stand rejected".
4. Learned Counsel appearing on behalf of the petitioner submits that in another matter, they filed petition for refund of the entire amount and that was allowed by this Court. He submits that after purchase of the said property immediately they have not received clear title. Hence, they are not interested in the said property. Therefore, they filed the present writ petition directing respondent No.3 to refund the entire amount with interest.
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5. At this stage, learned A.G.P appearing on behalf of the respondent-State submits that they already disbursed the entire amount received by them from the petitioner. To that effect, they have already filed affidavit-in-reply which is already on record. In support of her contention, learned A.G.P relies on paragraph 11 f of their reply dated 6th January, 2021 which reads thus;
"f. The Designated MPID Court vide its order dated 3rd November 2020 has directed Respondent No.3 to repay the depositors, who have been duped by the National Spot Exchange Limited, within 3 months from the date of order and file a compliance report on or before 5th February 2021. A copy of the order of the MPID Court is annexed and marked as Exhibit 'F'. Accordingly the Respondent No.3 has started the repayment process and therefore Respondent No.3 cannot refund the amount of Rs. 8.13 Crores to the Petitioner, who has had full possession of the farm house since January 2019".
6. Learned A.G.P further submits that they already filed the compliance report before the concerned. She submits that she requires some time to place it on record.
7. Considering these facts, following order is passed;
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(a) Liberty is granted to the respondents to file additional affidavit in reply along with compliance report submitted by them to the Authority on or before 30 th September, 2021 with copy to the other side;
(b) Matter to appear on board on 6th October, 2021.
[PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.] 4 of 4