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Buddy (T-Id) Retail Private Limited vs Govt. Of Nct Of Delhi & Anr on 8 July, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~35
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 10189/2022 & CM APPL. 29500/2022
                                 BUDDY (T-ID) RETAIL PRIVATE LIMITED ..... Petitioner
                                                Through: Mr.Dayan Krishnan, Sr. Adv. with
                                                         Mr.Ujjwal Sharma, Mr.Prashant
                                                         Sivaranja, Mr.Ankur Das and
                                                         Mr.Tushar Saigal, Advs.

                                                    versus

                                 GOVT. OF NCT OF DELHI & ANR.                       ..... Respondents
                                                    Through:     Mr.Santosh Kumar Tripathi, SC
                                                                 (Civil) for GNCTD with Mr.Arun
                                                                 Panwar, Mr.Siddharth Krishna
                                                                 Dwivedi, Mr.Aditya S Jadhav,
                                                                 Mr.Pradyumn Rao, Mr. H S Sachdeva
                                                                 and Ms.Savita Sethi, Advs.
                                                                 Mr.Anish Kapur and Ms.Suman
                                                                 Yadav, Advs. for R-2.

                                 CORAM:
                                 HON'BLE MR. JUSTICE YASHWANT VARMA
                                                    ORDER

% 08.07.2022

1. Notice shall issue to the respondent No.1 as well as to Delhi International Airport Limited [DIAL] arrayed as a proforma respondent here. The Court notes that insofar as the first respondent is concerned, it is already represented by Mr. Tripathi the learned Standing Counsel. Let both the respondents file their replies on the writ petition within a period of six weeks from today. The petitioner shall have two weeks to file rejoinder affidavit.

2. List again on 14.11.2022.

3. Prima facie and for the purposes of considering the prayer for interim relief, the Court takes into consideration the submission of Mr.Dayan Krishnan, learned Senior Counsel appearing for the petitioner, who submits that the insistence on the part of the first respondent to require the petitioner to deposit the license fee for ten vends would be wholly arbitrary since DIAL ultimately permitted them to open and operate only seven vends. Mr. Krishnan further apprises the Court that the petitioner has already deposited license fees due and payable for seven vends. It was his contention that the respondent No.1 appears to have invited bids for ten vends at the International Airport without undertaking any consultative process with DIAL. The matter requires consideration.

4. Till the next date of listing, it is provided that the respondents shall not take any coercive steps against the petitioner solely on the ground that license fee for the three remaining vend has not been paid.

5. Notwithstanding the pendency of the present writ petition, the Court leaves it open to the first respondent to take up the issue with DIAL if so chosen and advised.

YASHWANT VARMA, J.

JULY 8, 2022 bh Signature Not Verified Digitally Signed By:NEHA Signing Date:08.07.2022 18:33:56