Delhi High Court - Orders
M/S Eros Resorts & Hotel Ltd & Ors vs Mcd on 14 March, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1394/2011, CM APPL. 4160/2013, CM APPL. 37539/2019,
CM APPL. 37540/2019, CM APPL. 49730/2019
M/S EROS RESORTS & HOTEL LTD & ORS ..... Petitioners
Through: Mr. Harish Malhotra, Sr. Advocate
with Mr. Rajender Aggarwal and Mr.
Anoop Kumar, Advocates.
versus
MCD ..... Respondent
Through: Ms. Madhu Tewatia and Mr. Adhirath
Singh, Advocates for respondent/
Corporation.
Ms. Saroj Bidawat, Standing Counsel
for EDMC.
Mr. Tushar Sannu, Standing Counsel
with Mr. Azad Bansala and Mr.
Devrat Tiwari, Advocates for MCD
and NDMC.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 14.03.2023
1. Learned counsels for the parties have handed over a copy of the order dated 02.02.2023 passed in a batch of petitions, with lead petition being W.P.(C) 6420/2013, wherein request of petitioners to avail the Amnesty Scheme, which is coming to end on 31.03.2023, was considered by the Division Bench of this Court and the petitioners were permitted to deposit the requisite amount with the Corporation without prejudice to their rights and contentions. Relevant excerpt from the aforesaid order is reproduced below:
"2.1 We are also informed by the counsel for the petitioners that petitioners can take benefit of the Amnesty Scheme only if they deposit Digitally Signed By:SANGEETA ANAND Signing Date:16.03.2023 16:25:18 Digitally Signed By:MANOJ KUMAR OHRI Signing Date:16.03.2023 16:21:15 the requisite amount and withdraw the writ actions that they have filed in this Court.
3. According to us, the best way forward, for the moment, would be that petitioners deposit the amount with the South Delhi Municipal Corporation [in short, "the Corporation"] on or before 31.03.2023, albeit, without prejudice to their rights and contentions.
4. It is ordered accordingly."
2. A perusal of the above order would show that it was further directed that in case the petitioners succeed in the captioned petitions, the amount so deposited by them would be liable to be refunded by the Corporation with interest, if deemed necessary. The Corporation was also directed to accept the requisite amount payable by each of the petitioners, without insistence on furnishing of an affidavit to the effect that they would withdraw their respective writ petitions.
3. Accordingly, it is directed that in the present batch of petitions, petitioners, who wish to avail the Amnesty Scheme of the Corporation, may avail the same without prejudice to their rights and contentions. The Corporation is directed to accept the requisite amount payable by the petitioners without insisting on furnishing of an affidavit to the effect that they would withdraw their respective writ petitions. It is further directed that the amounts so deposited would be subject to outcome of the present petitions.
4. Renotify on 29.08.2023.
5. Interim orders to continue.
MANOJ KUMAR OHRI, J MARCH 14, 2023/ga Digitally Signed By:SANGEETA ANAND Signing Date:16.03.2023 16:25:18 Digitally Signed By:MANOJ KUMAR OHRI Signing Date:16.03.2023 16:21:15