M/S Anant Raj Projects Ltd. v. North Delhi Municipal Corporation & ANR.

#S-25 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On : 16.04.2021 M/S. ANANT RAJ PROJECTS LTD.

..... Appellant

Versus

NORTH DELHI MUNICIPAL CORPORATION & ANR.

..... Respondents Advocates who appeared in this case:

For the Appellant :

Mr. Akhil Sibal, Senior Advocate with Mr.

Kirat Singh Nagra, Mr.Kartik Yadav, Mr. Parinay T. Vasandani, Mr. Karanvir Singh Goraya and Ms. Tanushree Singh, Advocates For the Respondents : Ms. Mini Pushkarna, Standing Counsel, North DMC with Ms.Khushboo Nahar and Ms. Latika Malhotra, Advocates for R1/NDMC.

Mr. Arjun Pant, Advocate for R- 2/DDA

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

J U D G M E N T

SIDDHARTH MRIDUL, J (Open Court - via Video Conferencing) The present matter has been listed before this Bench by way of supplementary listing since the Hon'ble DB-I has not assembled today.

CM APPL. 14696/2021 (Exemption), CM APPL. 14697/2021 (Exemption), CM APPL. 14698/2021 (Exemption) Exemption granted, subject to just exceptions. The applications are disposed of accordingly. LPA 153/2021, CM APPL. 14695/2021 (For Interim Relief) and CM APPL. 14699/2021 (For Additional Documents) 1.

The present appeal under Clause 10 of the Letters Patent has been instituted on behalf of the appellant, praying as follows: "A. Set aside order dated 07.04.2021 passed by Ld. Single Judge in CM No.13166/2021 in WP (C) No.8835/2020 titled as "Anant Raj Projects Ltd. Vs. North Delhi Municipal Corporation and Anr." and pass the reliefs as prayed for in the said CM No.13166/2021.

B.

Pass any other or such further orders which this Hon'ble Court may deem fit and proper."

2.

Issue notice.

3.

Ms. Mini Pushkarna, learned Standing Counsel accepts notice on behalf of respondent No.1/North Delhi Municipal Corporation; and Mr. Arjun Pant, learned counsel accepts notice on behalf of respondent No.2/Delhi Development Authority.

4.

Having heard learned counsel appearing on behalf of the parties at length and having perused the material on record, the only course of action that commends itself to us in the present appeal, is to permit the appellant M/s. Anant Raj Projects Limited to deposit the second tranche of the four equal weekly instalments, in terms of the directions contained in the impugned order dated 07.04.2021 made by the learned Single Judge in C.M. Appl. No. 13166/2021 in W.P. (C) 8835/2020 titled 'Anant Raj Projects Ltd. vs. North Delhi Municipal Corporation & Anr.', by 19.04.2021 instead of today, i.e., 16.04.2021, the date on which the amount was required to be deposited. 5.

Needless to state the above direction is without prejudice to all rights and contentions of the parties, which they are at liberty to agitate before the learned Single Judge when the matter is heard.

6.

The appeal and all pending applications stand disposed of subject only to the above direction.

7.

Nothing observed in the present order shall be construed as an expression of any opinion by this court on the merits of the case. SIDDHARTH MRIDUL JUDGE ANUP JAIRAM BHAMBHANI JUDGE APRIL 16, 2021/'AA'

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