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Delhi High Court - Orders

Deepak Kalra vs Delhi Race Club & Ors on 2 December, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~76
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                 W.P.(C) 1376/2018
                               DEEPAK KALRA                              ..... Petitioner
                                            Through: Ms.       Maheraish        Rein,     Ms.
                                                       Shamshravish Rein & Mr. Aldamish
                                                       Rein, Advocates (M-9899210868)

                                                    versus

                                DELHI RACE CLUB & ORS                  ..... Respondents
                                             Through: Mr. Sankalp Goswami, Advocate for
                                                      R-1 (M-9711794546).
                                                      Mr. Vikram Mehta, Advocate for R-2
                                                      (M-9810115986).
                                                      Ms. Divya Jyoti Singh, Advocate for
                                                      R-3 (M-9717953985)

                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                             ORDER

% 02.12.2022

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner - Mr. Deepak Kalra seeking directions against the Respondents i.e., Respondent No.1 - Delhi Race Club (1940) Limited, Respondent No.2 - Royal Western India Turf Club Ltd., and Respondent No.3 - Delhi Race Horse Trainers Association, to release the dues of the Petitioner along with interest at 18% per annum.

3. A preliminary objection has been raised on behalf of the Respondents as to the maintainability of the present petition, relying upon the decision of the ld. Division Bench of the Bombay High Court in Pesi Shroff v. State of Maharashtra & Anr. [AIR 1993 Bom 384].

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:07.12.2022 10:48:02

4. A perusal of the said decision shows that the Court has observed that the Royal Western India Turf Club would not constitute "other authorities", as contemplated under Article 12 of the Constitution of India. Hence, it is submitted that the present writ petition would not be maintainable.

5. Ld. Counsel for the Petitioner seeks time to consider the said judgment.

6. It is made clear that no further adjournments shall be granted in this matter.

7. List on 11th May, 2023.

PRATHIBA M. SINGH, J.

DECEMBER 2, 2022 RahuL/AD Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:07.12.2022 10:48:02