Delhi High Court - Orders
Delhi Metro Rail Corporation vs Chief Controlling Revenue Authority & ... on 26 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7465/2023 and CM APPL. 29003/2023, 29004/2023
DELHI METRO RAIL CORPORATION ..... Petitioner
Through: Ms. Priyanka Jain, Advocate (M:
8349484289).
versus
CHIEF CONTROLLING REVENUE AUTHORITY
& ORS. ..... Respondents
Through: Mr. Santosh Kumar Tripathi SC civil
GNCTD With Mr. Arun Panwar, Ms.
Mahak Rankawat, Mr. Utkarsh Singh
and Mr. Kartik Sharma Advocates for
R-1 and 2 (M: 8285021263).
Mr. Zafar Khurshid and Mr
Siddharth Agarwal, Advocates for
R-3 (M: 9810271008).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 26.05.2023
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner - Delhi Metro Rail Corporation (DMRC) seeking issuance of directions to the Chief Controlling Revenue Authority (CCRA) to expeditiously hear the revision petition filed by the petitioner u/s 57(2) of Indian Stamps Act, 1899.
3. An agreement which was entered into between the DMRC and Respondent No. 3 - Mr. Jatin Verma dated 7th November, 2012 was impounded by the ld. Sole Arbitrator vide order dated 19th May, 2022 and sent to the Collector of Stamps (Delhi Cantt.) This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:14:02
4. Thereafter, show cause notices were issued to the parties to appear before the Collector of Stamps (Delhi Cantt.). After hearing the parties, the Collector of Stamp vide impugned order dated 30th December, 2022 ordered the DMRC to pay stamp duty to the tune of Rs. Rs 50,77,787/-.
5. Accordingly, the DMRC had filed a revision petition on 1st February, 2023 contending that it is exempted from payment of stamp duty in terms of Section 3 of the Indian Stamp Act, 1899. However, the said revision petition is stated to not have been listed despite the DMRC repeatedly visiting the offices of the Deputy Commissioner NDMC (South), Divisional Commissioner as also the CCRA. Thus, DMRC is constrained to file the present Petition. Various e-mails and communication letters are also relied upon by the Petitioner.
6. Mr. Panwar, ld. Counsel appearing for the GNCTD submits that the date in the revision petition has been fixed. The same shall be listed before the CCRA on 2nd June, 2023. It is further submitted that notice is in the process of being issued to the DMRC and Respondent No.3.
7. Accordingly, let the DMRC and Respondent No. 3 appear before the CCRA on 2nd June, 2023. The revision petition shall then be decided in accordance with law in an expeditious manner. Considering that ld. Counsel for all parties are represented before the Court, copy of the notice be also handed over by Mr. Panwar, ld. Counsel to the ld. Counsel for the DMRC and Respondent No. 3.
8. The petition is disposed of with all pending applications, if any.
9. This Court has not examined the merit of the issues raised by the DMRC.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:14:02
10. The remedies of the parties in accordance with law are left upon.
PRATHIBA M. SINGH, J.
MAY 26, 2023 mr/kt This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:14:03