Kv Aromatics Pvt Ltd v. UOI And ORS

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 813/2011 KV AROMATICS PVT LTD ..... Petitioner Through:

Mr.Manish Sharma, Advocate versus UOI AND ORS ..... Respondents Through:

Mr.Amit Mahajan, Advocate for R-1 to 4, 7 and 8.

Ms.Sonia Sharma, Advocate for R-5 & 6 Mr.Anuj Aggarwal, Advocate for R-9

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 06.05.2016 Present writ petition has been filed seeking issuance of a fresh licence under VKGUY and DEPB within a period of two weeks as well as for interest @ 24% per annum from 1st October, 2010 to 1st February, 2011.

In essence, the petitioner seeks issuance of DEPB licence in lieu of licence issued to the petitioner but collected and utilised by unauthorised persons.

Since it is the case of the respondents that DEPB licence can be issued only in lieu of unutilised and balance licence, this Court is of the opinion that the petitioner can now only file proceeding for recovery of monies.

Consequently, the present writ petition is dismissed with liberty to the petitioner to file a civil suit for recovery and for other reliefs. However, to facilitate filing of such alternate remedies, it is clarified that the time spent in prosecuting this case shall be excluded while determining the period of limitation for the fresh proceedings to be initiated by the petitioner.

With the aforesaid liberty and direction, the present writ petition stands disposed of.

MANMOHAN, J MAY 06, 2016 Sv