Delhi High Court - Orders
South Delhi Municipal Corporation vs Mep Infrastructure Developers Ltd on 28 July, 2020
Author: Siddharth Mridul
Bench: Siddharth Mridul, Talwant Singh
$~9 & 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 165/2020, CM APPL. 13389/2020 and CM APPL.
13580/2020
SOUTH DELHI MUNICIPAL CORPORATION ..... Appellant
Through: Mr. Sanjay Jain, ASG with Ms.
Garima Prashad, Standing counsel
along with Mr. Arkash Kumar and
Mr. Yuvraj Sharma, Advocates.
Mr.S andeep Sethi, Senior Advocate
with Mr. Rakesh Sinha and Mr.
Pawan Kumar Bansal, Advocates.
Versus
MEP INFRASTRUCTURE DEVELOPERS LTD
..... Respondent
Through: Dr. Abhishek Manu Singhvi, Mr.
Mukul Rohatgi, Mr. Rajiv Nayar,
Senior Advocates with Mr. Rajiv
Dwivedi, Mr. Kartik Nayar and Mr.
Azem Samuel, Advocates.
+ LPA 167/2020 and CM APPL. 14462/2020
MEP INFRASTRUCTURE DEVELOPERS LTD ..... Appellant
Through: Dr. Abhishek Manu Singhvi, Mr.
Mukul Rohatgi, Mr. Rajiv Nayar,
Senior Advocates with Mr. Rajiv
Dwivedi, Mr. Kartik Nayar and Mr.
Azem Samuel, Advocates.
Versus
SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent
Through: Mr. Sanjay Jain, ASG with Ms.
Garima Prashad, Standing counsel
LPA 165/2020 & LPA 167/2020 Page 1 of 4
along with Mr. Arkash Kumar and
Mr. Yuvraj Sharma, 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
% 28.07.2020 The present matters have been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic.
The South Delhi Municipal Corporation (SDMC) has filed a detailed statement, showing the amount due as per contract agreement; amount due as per Court's orders; amount received till date from MEP Infrastructure Developers Limited (MEP); and the short payments as per contract, as well as, the short payments as per the Court's order on weekly basis from 18.11.2019 to 26.07.2020. It has been further shown in the statement that RFID collection by SDMC started from 01.04.2015 and till 25.07.2020 they had collected Rs.19.48 crores.
The first page of statement shows that the total amount deposited by MEP from 18.11.2019 till 26.07.2020 is only Rs.240.09 crores. The statement further shows the details of the toll collection amount from December, 2017 to November, 2018 but the complete details in this regard can be found in the LPA 165/2020 on page 47, which gives the details of the total collection made by MEP and amounts paid to SDMC from 1st October, 2017 till 31st October, 2019.
LPA 165/2020 & LPA 167/2020 Page 2 of 4The MEP has sought some more time to submit a weekly statement from 01.11.2019, till date of the total amount collected on cash basis and the toll collected through RFID from 01.11.2019 to 31.03.2020 as from 01.04.2020, the RFID amount is directly going in the account of SDMC. The MEP is required to give the details of the amounts so collected and to further cross-check and verify the statement filed by the SDMC regarding payments deposited in the meantime by the MEP.
In the meantime, with effect from 29.07.2020, MEP shall deposit the cash toll amount received from all toll plazas in the account of SDMC on daily basis on the following day. They will deposit the daily collection after deducting 15 per cent, as per the orders of the learned Single Judge with effect from 29.07.2020. As far as the arrears from 12.06.2020 till date are concerned, the MEP is directed to deposit the said amount in the account of SDMC within one week from today without fail.
As far as the direction given in para 30 of the impugned order is concerned, out of Rs.77.04 crores which was to be paid within 10 working days from the date of the impugned order, the MEP has paid only Rs.51.04 crores, leaving a balance of Rs.26 crores to be paid. The said amount be paid within two weeks from today, as a final opportunity.
As far as the direction in para 31 of the impugned order is concerned, the same be complied with in toto, as directed earlier. The daily toll tax collection be transferred to the account of SDMC on daily basis through RTGS and a compliance report be filed before this Court on the next date of hearing. The MEP is directed to clear all the arrears with effect from 12.06.2020 till date, within one week from today.
LPA 165/2020 & LPA 167/2020 Page 3 of 4The post-dated cheques, as directed by the learned Single Judge, be deposited with the Registrar General of this Court within one week from today.
List on 14.08.2020, at the end of the Board.
SIDDHARTH MRIDUL, J TALWANT SINGH, J JULY 28, 2020/dn/pa LPA 165/2020 & LPA 167/2020 Page 4 of 4