Deepak & Co & ANR v. Indian Railways Catering & Tourism Corporation Ltd & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12716/2019 DEEPAK & CO & ANR ..... Petitioners Through: Mr. Naresh Thanai and Ms. Khushboo Singh, Advocates

Versus

INDIAN RAILWAYS CATERING & TOURISM CORPORATION LTD & ANR ..... Respondents Through: Mr. Nikhil Majithia, Advocate for R-1.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 11.03.2020 CM APPL. 9171/2020 (by the respondent for extension of time to conduct the Forensic Audit) 1.

The present application has been moved by the respondent No.1/IRCTC praying inter alia for extension of time to conduct the Forensic Audit of the accounts of the respondent No.2. 2.

It is stated before us that on 05.12.2019, the date when the present petition was disposed of, Mr. Majithia, learned counsel for the respondent No.1/IRCTC had submitted that a Forensic Audit of the respondent No.2 is being conducted and if there is any discrepancy found therein, then consequences will follow.

3.

On 24.12.2019, an application was moved by the petitioners for seeking modification of the order dated 05.12.2019 (CM APPL.

55591/2019), stating inter alia that the timeline for conducting the Forensic W.P.(C) 12716/2019

Audit was not mentioned in the order dated 05.12.2019. As a result, it was clarified that the Forensic Audit would be completed within six weeks reckoned from 05.12.2019. The period of six weeks reckoned from 05.12.2019, would have expired on 19.01.2019. Admittedly, the Forensic Audit was not concluded within the stipulated timeline and nor did the respondent No.1/IRCTC take any steps to approach the court within a reasonable time for seeking extension of time. Instead, after waiting for almost two months, the present application has been filed praying inter alia for extension of four weeks for conducting the Forensic Audit. 4.

Issue notice.

5.

Mr. Thanai, learned counsel for the non-applicants/petitioners accepts notice and opposes the prayer made in the application and states that all the relevant documents are already in the power and possession of the respondent No.1/IRCTC and there is no justification for the delay in concluding the Forensic Audit of the respondent No. 2. 6.

As a last opportunity, a period of four weeks is granted to the respondent No.1/IRCTC to conclude the Forensic Audit reckoned from 28.02.2020, the date on which the affidavit filed in support of this application was sworn. In other words, the entire exercise shall be completed on or before 28.03.2020.

7.

The application is disposed of.

HIMA KOHLI, J ASHA MENON, J MARCH 11, 2020 rkb/hsk W.P.(C) 12716/2019