Seven Seas Hospitality Pvt Ltd v. Ashok Kumar & Anr

ORDER %

15.11.2011

¶1The present petition is filed by the petitioner stating inter alia that the respondent/DDA has committed contempt of court by failing to comply with the order dated

25.09.2011, passed in W.P.(C) 6180/2011.

¶2Vide order dated

26.09.2011, was directed to deposit disputed amount of ?2,13,74,361/- with respondent/DDA within one week from the date of passing of the order, without prejudice to Its rights and contentions and with a right of refund in the event of succeeding in the writ petition. The question of interest on the aforesaid amount was left open for a decision in the Page No.l of 3 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. writ petition. It was further directed that subject to the payment being made in terms of the aforesaid order, respondent/DDA would release the sanctioned plans to the petitioner and the petitioner would be entitled to raise construction in accordance with plans so sanctioned.

¶3Counsel for the petitioner states that the petitioner deposited a sum of ?10,68,71,806/- with respondent/DDA on

06.07.2011, without interest. Thereafter, as directed vide order dated 26.9.2011, deposited a sum of ?2,13,74,361/- with respondent/DDA on 27.09.2011 and requested the respondent/DDA to release building plans. But, despite these deposits and reminders issued thereafter, the respondent/DDA has not released the building plans till date.

¶4Counsel for the respondent/DDA, who appears on advance copy, states that even after depositing the aforesaid amounts, as stated by the counsel for the petitioner, the petitioner is liable to pay a sum of ?6 lacs(approx.) towards interest for a period of one week for the delayed payment. She further states that without prejudice to the rights and contentions of the respondent/DDA to recover the said amount from petitioner, the respondent/DDA has started to Page No.l of 3 process plans of the for the purposes of grant of sanction and the sanctioned plans shall be released to the petitioner within a period of two weeks.

¶5In view of the aforesaid assurance given by the counsel for the respondent/DDA, the present petition is disposed of with directions to the respondent/DDA to ensure that the sanctioned plans are released to the petitioner as expeditiously as possible and in any case within two weeks from today, in terms of the order dated 26.09.2011. The contempt petition is disposed of alongwith pending application. NOVEjviBER 15, 2011 rkb HIMA KOHLI,J Page No.3 of 3

% 55. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 818/2011 and CM 20530/2011 SEVEN SEAS HOSPITALITY PVT LTD Petitioner Througin: Mr. S.C. Singhal, Advocate versus ASHOK KUMAR & ANR Respondents Through: Ms. Sangeeta Chandra, Advocate CORAM: Q HON'BLE MS. JUSTICE HIMA KOHLI