New Okhla Industrial Development Authority v. Gwalior Transmission Systems Ltd.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.APP. 5/2020 NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY ..... Appellant Through:
Mr. Ravi Gupta, Senior Advocate along with Mr. Abhay Kumar Tayal & Mr. Nishant Prateek, Advocates.
versus GWALIOR TRANSMISSION SYSTEMS LTD. ..... Respondent Through:
Ms. Ruchi Sindhwani, Advocate for Official Liquidator.
Ms. Yamini Nijhawan, Advocate for Auction Purchaser.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 19.02.2020 C.M. No. 6788/2020 Exemption allowed, subject to all just exceptions. The application stands disposed of.
CO.APP. 5/2020 and C.M. Nos. 6785/2020, 6787/2020, 6789/2020 & 6790/2020 We have heard learned senior counsel for the appellant. He has referred to terms and conditions in the prescribed lease deed. As also, to the calculation chart at page 162 of the appeal paper book which shows calculation of interest @ 16.5 % p.a. Mr. Gupta submits that though the lease deed Annexure A-3 did not form part of the record, the same was produced before learned Single Judge.
In view of the submissions that the appellant seeks to advance, which do not find any objection in the impugned order, we are of the view that it would be appropriate to permit the appellant to move a review application before the learned Judge who has passed the impugned order. To consider the said aspect, issue notice. The appellant shall implead the Auction Purchaser as a party respondent. Amended memo of parties be filed within a week.
Notice is accepted on behalf of the Official Liquidator and on behalf of the Auction Purchaser.
We have heard learned counsels. Learned counsel for the respondent Auction Purchaser, without prejudice to its rights & contentions and without it constituting a concession, submits that the appellant may be permitted to move a Review Petition before the learned Company Judge in respect of the order dated 16.09.2019. Accordingly, the present appeal is disposed of while granting liberty to the appellant to move an application to seek review of the order dated 16.09.2019 before the learned Company Judge who passed the order dated 16.09.2019. If such an application is moved within the next ten days, no objection with regard to the limitation shall be raised by any of the respondents.
The appeal stands disposed of in the aforesaid terms. VIPIN SANGHI, J SANJEEV NARULA, J FEBRUARY 19, 2020 B.S. Rohella