Travel Corporation India Limited v. New Delhi Municipal Council

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 610/2025 and CM APPL. 2820/2025 TRAVEL CORPORATION INDIA LIMITED .....Petitioner Through:

Mr. Deepak Joshi, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through:

Mr. Sanjay Sharma, ASC for NDMC.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 28.02.2025 1.

This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- "i) Penalty of Rs. 9,65,271/- on account of the purported delay in deposit of rent for reasons not attributable to the Petitioner and/or ii) an amount of Rs. 2,33,435/- demanded again for the period 01.04.2017 till 31.08.2017 which already stood paid by the Petitioner and/or iii) An amount of Rs. 1,76,805/- demanded as balance amounts dues from a prior period against a non-existent demand and/or iv) an amount of Rs. 15,84,300/- has been demanded for the period from 01.04.2020 to 07.04.2022 (Covid period)"

2.

Mr. Sharma, learned ASC for NDMC, relying on the counter affidavit submits that as per fresh due drawn statement up to January, 2025, a sum of Rs.56,08,178/- (provisionally) is outstanding towards NDMC from the Petitioner and the figure is arrived after deducting Rs.20 Lacs paid by the Petitioner towards the License Fee in respect of the parking lot in question. 3.

Learned counsel for the Petitioner on the other hand disputes the W.P.(C) 610/2025 Page 1 of 2 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 07/03/2025 at 14:40:48

amount alleged to be due as also the calculations in support thereof. It is also submitted that Petitioner has paid another sum of Rs.15 Lacs to NDMC pursuant to demand notice dated 31.08.2017 but no adjustment has been given for the same.

4.

Having heard learned counsels for the parties, I am of the view that the inter se disputes are essentially in respect of the quantum of amount outstanding towards NDMC from the Petitioner towards the License Fee. In these circumstances, it is directed that NDMC will grant a personal hearing to the Authorised Representative of the Petitioner for which the representative shall appear before the Director, Parking Management System on 17.03.2025 at 03:00 P.M. In the meantime, both parties shall exchange their respective calculations. While calculating the total outstanding amount, NDMC will also indicate whether a sum of Rs.15 Lacs has been received from the Petitioner pursuant to demand notice dated 31.08.2017.

After conclusion of the personal hearing, a reasoned and speaking order shall be passed by NDMC, which will be communicated to the Petitioner and Petitioner will have the liberty to assail the same in case of any grievance. While taking a decision, NDMC will consider the contention of the Petitioner that it has been consistently writing to NDMC for a change of its Corporate name in the records of NDMC to enable the Petitioner to make payments but there was no response and consequently, if the interest component could be reduced in this light.

5.

Writ petition stands disposed of in the aforesaid terms along with pending application.

JYOTI SINGH, J FEBRUARY 28, 2025/shivam W.P.(C) 610/2025 Page 2 of 2 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 07/03/2025 at 14:40:48