Indian Kanoon - Search engine for Indian Law

1. Vide the present petition, petitioner seeks direction thereby to quash the orders dated 29.12.2016 and 05.02.2016 passed by the respondent No. 3. Consequently, restrained the said respondent for taking any further steps in terms of the orders mentioned above.

2. The brief facts of the case are that the petitioner is a widow and has been in the business of hospitality for the past 29 years and has worked in various capacities for reputable luxury business Hotels like the Oberois and the Radisson. The Petitioner has been associated with Frasers Hospitality Pvt. Ltd., a joint venture between Frasers Hospitality Pvt. Ltd. and IFCI Infrastructure Development Limited (IIDL) since 03.11.2011, where she joined as a Resident Manager for Fraser Suites New Delhi. The Respondent No. 1 is a Government Company incorporated under Section 617 of the Companies Act, 1956. The Respondent No. 2 is a company incorporated under the laws of Singapore. The said Respondent is operating and managing the Serviced Apartments Called "Frasers Suites, New Delhi"

commissioned by the Respondent No. 1 under the Management Agreement dated 17.07.2009. Under the said Agreement, the Respondent No. 2 is the sole and exclusive operator of the Serviced Apartments and has been conferred uninterrupted and exclusive control of the operation, management, direction and supervision of the said Serviced Apartments for an initial period of 10 years commencing from the operation date i.e. 01.10.2011. The terms and conditions of the Management Agreement dated 17.07.2009 is in the nature of a joint venture between the Respondent No. 1 and the Respondent No. 2 Company for operating and managing the Serviced Apartments mentioned above. The Respondent No. 3 is Managing Director, IFCI Infrastructure Development Limited and is mastermind of the whole conspiracy hatched against the Petitioner in connivance and in complicity with Respondent No. 4 and other officials of IIDL, with the sole purpose of humiliating, defaming and removing the Petitioner from her position as the General Manager of FSND. The Respondent No. 5 is the AVP (Legal) of the Respondent No. 1 Company who was appointed as the Enquiry Officer to conduct the proceedings against the Petitioner. The Respondent No. 5 directly reports to the Respondent No. 3 in her capacity as AVP (Legal). The said Respondent No. 5 was privy to the allegations levelled against the Petitioner from the very beginning and her advice was sought even before filing of the Charge-Sheet. The said Respondent has conducted a sham enquiry and acted under the dictates of the Respondent No. 3 and her conduct was unbecoming of an Enquiry Officer. There are serious allegations of malafide and abuse of the office by the Respondent Nos. 3, 4 & 5 and, therefore, the said respondents have been arraigned as party Respondents in the present Petition.