Piyush Colonisers Limited v. Ajay Gupta & Others

ORDER % .

08.11.2012 \:j The petitioneris aggrievedby the cancellationof the earlierauction where he was the highest bidder. The petitionerhas preferredan appeal before the DRT. In terms of the order dated 05.11.2012,the appealhas been entertainedand listed for hearing on 07.12.2012,but interim order against fresh auction has not been granted. The petitionerhas been permittedto participateinthe freshauctionwithoutdepositofEMD. Learnedseniorcounselfor the petitionerpointsout thatthe presiding officer of the DRAT is not holding court till 15.11.2012,and thus the petitioner has had to approach this Court under Article 226 of the Constitution of India. <1 -c zy Having heard learned senior counsel for the petitioner,we are not inclinedto staythe freshauctionbutat the sametimewouldnotliketo make the appeal filed by the petitionerinfructuous. We, thus, make it clearthat the fresh auctionwouldbe subjectto the outcomeofthe appealfiled by the petitionerbeforethe DRT or any otherproceedingsin case of any adverse order. Learned senior counsel for the petitionerfurther points out that in terms of para 6 of the impugned order, e-auction cannot be confirmed ^withoutthe approvalof the tribunal. His apprehensionis that if the DRT holds againstthe petitioner,further proceedingsqua the relief^te^lnot be made infructuous. We, thus, clarifythat confirmation,ifany, by the DRT wouldalso be subjectto any right of the petitionerto further assail that order beforethe appropriate forum. The writ petition and the interim applications are accordingly disposed of Dasti to learnedcounselfor the petitionerunderthe signaturesofthe Court lister.

SANJAY KISHAN KAUL, J.

VIPIN SANGHI, J. NOVEMBER 08, 2012 sr

r * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. 7111/2012&C.M.NOS.18391-92/2012 PIYUSH COLONISERS LIMITED Petitioner Through: Mr. RajivNayyar,Sr. Adv. withMr. Kapil^er, Mr. RishiManchanda, Mr. Gopender Gupta and Mr. Siddhartha Jain, Advocates versus ^ AJAY GUPTA & OTHERS Respondent Through: CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VIPIN SANGHI