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Delhi High Court - Orders

Tdi Infrastructure Ltd vs Govt. Of Nct Of Delhi & Ors on 27 April, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~130
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +     CRL.M.C. 1846/2022
                                      TDI INFRASTRUCTURE LTD                                   ..... Petitioner
                                                       Through: Mr.Abhimanyu Bhandari, Ms.Roohe
                                                                     Hina Dua and Ms.Ananya Sikri,
                                                                     Advocates.
                                                       versus
                                      GOVT. OF NCT OF DELHI & ORS.                       ..... Respondents
                                                       Through: Mr.Mukesh Kr, APP for the State
                                                                     Mr.Amit       Singh Chauhan            and
                                                                     Ms.Siddharth Aggarwal, Advocates
                                                                     for R3.
                                      CORAM:
                                      HON'BLE MR. JUSTICE YOGESH KHANNA
                                                       ORDER

% 27.04.2022 CRL M.A. No.7820/2022

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.M.C. 1846/2022 & CRL M.A. No.7819/2022

3. This petition is filed for quashing of the FIR No.18/2018 under Section 420/406/34/120B IPC at police station EOW against the petitioner.

4. It is the submission of the learned counsel for the petitioner the main dispute is qua the size of the plot which the petitioner has to hand over to respondent No.3 i.e. a commercial plot admeasuring 204 Square Yards in TDI City at Sonepat, Haryana allotted vide letter dated 05.01.2006 and a sum of Rs.23,36,218/- was received against such booking.

5. It is the submission of the learned counsel for the petitioner the respondent No.3 is apprehensive of the fact only 90 Square Yards plot is being handed over to him. He has also referred to the bail order dated 28.04.2021 wherein it is also mentioned petitioner has offered a plot of 204 Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:29.04.2022 11:05 Square Yards.

6. Issue notice. The learned APP for the State/respondents No.1 & 2 as also learned counsel for the respondents No.3/ complainant accept notice and intend to file a status report/response in this regard. Be filed within six weeks with an advance copy thereof to the learned counsel for petitioner. Rejoinder thereto, if any, be also filed within four weeks thereafter.

7. List along with Crl.M.C.No.1778/2022 on 31.10.2022, and in the meanwhile, as the dispute is only qua the size of plot and petitioner is still offering the plot size of 204 square yards to respondent No.3, hence the representative of the petitioner and respondents No.3 may visit the plot in question on an agreed date, in the presence of Investigating Officer and get the plot measured through an authorised agency so as to find out the actual size of the plot and this fact should also find mention in the status report.

8. Till the next date of hearing, in case any exemption application is preferred by the petitioner before the learned Trial Court, the same shall be considered by the learned Trial Court favourably. Order dasti.

YOGESH KHANNA, J.

APRIL 27, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:29.04.2022 11:05