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Delhi High Court - Orders

Tdi Infrastructure Ltd vs Uoi And Anr on 31 March, 2022

Author: C. Hari Shankar

Bench: C. Hari Shankar

                          $~22, 27 to 30(Appellate-2022 list)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CM(M) 1393/2017 & CM No. 44730/2017
                                TDI INFRASTRUCTURE LTD                      ..... Petitioner
                                             Through: Ms.Kanika Agnihotri, Mr.Vaibhav
                                             Agnihotri, Ms.Yashodhara Gupta, Mr. Madhav
                                             Bhatia and Mr.Rohan Anand, Advs.

                                                    versus

                                UOI AND ANR                                ..... Respondents
                                                    Through:

                          +     CM(M) 100/2018 & CM No. 2825/2018, CM No.20127/2018
                                DLF HOMES RAJAPURA PVT LTD                 ..... Petitioner
                                             Through: Mr.Rajiv Nayar, Sr. Adv. with
                                             Ms.Seema    Sundd,    Mr.Pravin      Bahadur,
                                             Mr.Kartik Nayar, Ms.Shweta Priyadarshini,
                                             Ms.Sonia Dhamija, Mr.Prabjhat Ranjan,
                                             Mr.Druhn Garg, Mr.Alabhya Dhamija,
                                             Mr.Abhishek S., Advs.

                                                   versus

                                UNION OF INDIA & ANR                   ..... Respondents
                                              Through: Mr.Sushil Kumar Pandey, Sr.Panel
                                              Counsel for R-1/UOI

                          +     CM(M) 664/2018 & CM No. 23358/2018, CM No. 5843/2019
                                LUCINA LAND DEVELOPMENT LTD                 ..... Petitioner
                                             Through: Ms.Kanika Agnihotri, Mr.Vaibhav
                                             Agnihotri, Ms.Yashodhara Gupta, Mr. Madhav
                                             Bhatia and Mr.Rohan Anand, Advs.

                                                   versus
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
                          CM(M) 1393/2017 & connected matters                    Page 1 of 5
Signing Date:06.04.2022
14:40:01
                                 UNION OF INDIA & ORS                           ..... Respondents
                                              Through:          Mr.Akshay Srivastava, Adv.

                          +     CM(M) 1333/2019 & CM No. 40236/2019, CM No. 11933/2021,
                                CM No.11934/2021

                                DLF HOMES RAJAPURA PVT LTD                ..... Petitioner
                                             Through: Mr.Rajiv Nayar, Sr. Adv. with
                                             Ms.Seema    Sundd,    Mr.Pravin     Bahadur,
                                             Mr.Kartik Nayar, Ms.Shweta Priyadarshini,
                                             Ms.Sonia Dhamija, Mr.Prabjhat Ranjan,
                                             Mr.Druhn Garg, Mr.Alabhya Dhamija,
                                             Mr.Abhishek S., Advs.

                                                    versus

                                UNION OF INDIA & ORS                            ..... Respondents
                                             Through:

                          +     CM(M) 520/2020 & CM NO. 26760/2020
                                PURI CONSTRUCTION PVT. LTD.                        ..... Petitioner
                                             Through: Mr.Pravin                Bahadur          and
                                             Mr.Saurabh Kumar, Advs.

                                                   versus

                                SHAILESH GUPTA & ORS.                           ..... Respondents
                                             Through:

                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR
                                             ORDER

% 31.03.2022 CM(M) 1393/2017 & CM No. 44730/2017 Signature Not Verified

1. There has been no appearance on behalf of Respondent 2 in this Digitally Signed By:SUNIL SINGH NEGI CM(M) 1393/2017 & connected matters Page 2 of 5 Signing Date:06.04.2022 14:40:01 matter for quite some time, though the vakalatnama of Mr. Sachin Jain, Advocate, 28 Lawyers Chambers, Supreme Court, New Delhi ([email protected]) whose mobile no. 9818544445figures on certain dates.

2. As connected matters are being taken up together on 4th April, 2022, the Registry/Court Master are directed to inform Mr. Sachin Jain by e-mail, whatsapp as well as by telephonic call regarding the listing of this matter on 4th April, 2022.

CM(M) 100/2018 & CM No. 2825/2018, CM No.20127/2018

3. Re-notify for disposal on 4th April, 2022.

4. The vakalatnama of Ms.Dharita P. Malkan and Mrs. Deepa A Gorasia, (103, C.K. Daftary Block, New Lawyers' Chamber, Supreme Court of India, New Delhi, Mobile No.9824066894, 7984178513), is on record.

5. The Registry and Court Master are directed to inform said Counsel about the listing of this matter on 4th April, 2022 telephonically as well as by whatsapp as their e-mail IDs are not forthcoming.

CM(M) 664/2018 & CM No. 23358/2018, CM No. 5843/2019 CM(M) 1333/2019 & CM No. 40236/2019, CM No. 11933/2021, CM No.11934/2021 Signature Not Verified

6. Re-notify for disposal on 4th April, 2022.

Digitally Signed By:SUNIL SINGH NEGI CM(M) 1393/2017 & connected matters Page 3 of 5

Signing Date:06.04.2022 14:40:01 CM(M) 520/2020 & CM NO. 26760/2020

7. Mr. Pravin Bahadur appears for the petitioner. There is no appearance on behalf of the respondents.

8. Re-notify on 4th April, 2022 to be heard alongwith connected matters.

9. It is seen that the vakalatnama of Mr. Gaurav Gupta (D-293, Defence Colony, New Delhi-110024, Mobile No.9958444233) is on record on behalf of Respondents 6 and 7.

10. Apparently Ms. Rekha Aggarwal has also been appearing for some of the respondents. Let the said learned Counsel be intimated telephonically as well as by whatsapp regarding the next date of hearing.

11. It is made clear that these matters will proceed on the next date of hearing as there is a direction from the Supreme Court, albeit in similar matters, that this Court should take a view on the amenability of orders passed by NCDRC under Article 227 of the Constitution of India. Apparently, this issue may arise in different context. There are orders which are passed by the NCDRC in its original jurisdiction as well as orders which are passed in exercise of its appellate or revisional jurisdictions.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 1393/2017 & connected matters Page 4 of 5 Signing Date:06.04.2022 14:40:01

12. These matters are all cases in which the issue arises in the context of original jurisdiction. As such, the matter won't be adjournment on the next date of hearing and would be taken up and decided.

13. List as part-heard on 4th April, 2022 for disposal.

C. HARI SHANKAR, J MARCH 31, 2022/kr Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 1393/2017 & connected matters Page 5 of 5 Signing Date:06.04.2022 14:40:01