Delhi High Court - Orders
Of Approximately 522 Days In Refiling ... vs Union Of India And Anr on 22 August, 2022
$~17.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4331/2014 & CM APPL. 26188/2022 (Condonation of delay
of approximately 522 days in refiling application under Order XXII
Rule 3 r/w Section 151 CPC)
J.R. SOOD ..... Petitioner
Through: Mr. Harish Malhotra, Sr. Advocate
with Mr. Rajender Agarwal and Mr.
Anoop Kumar, Advocates
versus
UNION OF INDIA AND ANR ..... Respondents
Through: Mr. Jaswinder Singh, Advocate with
Mr. Diwarkar, L & DO and Ms.
Sujala Wedera, Superintendent
CORAM:
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 22.08.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
Respondents have filed the affidavit dated 05.08.2022 in compliance of the order dated 07.07.2022 passed by this Court. Paragraph 7 of the affidavit dated 05.08.2022 reads as under:-
"That after having reviewed by the Policy Section, Sangam Theatre Pvt Ltd. has been converted from leasehold into freehold on 20.03.2020 . In this case, highest land rate has been taken into account for Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:26.08.2022 12:46:26 conversion charges as per the policy contained in the Circular dated 29.5.2013 and the clarifications/comments of Policy Section after reviewing the Circular. The conversion charges have been calculated by bifurcating the area on the basis of specific area being used for specific purpose i.e. area cinema use and area under commercial use. Thus, the conversation charges for area under cinema use have been calculated taking into account the highest land rate, and charges -- under commercial use have been calculated by taking into account the commercial rates, as per the policy framed for cinema sites in Circular dated 29.5.2013."
Respondents are directed to place an additional affidavit in terms of para 7 of the present affidavit specifically stating the amount which needs to be deposited by the petitioner in terms of para 7 of the present affidavit.
The additional affidavit shall indicate the calculation clearly explaining how much amount the petitioner needs to deposit in terms of the their policy for conversation of the lease hold rights to free hold rights.
Let the additional affidavit be filed within a period of four weeks with an advance copy to the other side.
List on 26.09.2022.
GAURANG KANTH, J AUGUST 22, 2022 ms Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:26.08.2022 12:46:26