M S Shiv Jyoti Traders Pvt Ltd v. Union Of India & ANR.

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 388/2026 & CM APPL. 34111/2026 M S SHIV JYOTI TRADERS PVT LTD .....Appellant Through:

Mr. Abhishek Kandwal and Mr.

Kushank Khari, Advs.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Ranjeev Khatana, SPC with Mr.

Arnav Mittal, GP and Mr. Arjan Sethi, Advs. for R-1.

Ms. Parul Gurudev, Ms. Kirti Sharma, Advs. for R-2.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 19.05.2026 1.

Heard learned counsel for the parties.

2.

Though a challenge has been made in this intra-Court appeal to the order dated 13.04.2026 passed by the learned Single Judge in W.P.(C) 19330/2025 instituted by the appellant, however, we do not see any flaw in the impugned order for the reason that so far as the refund is concerned, the same has already been sanctioned by the Ministry of Housing and Urban Affairs, Government of India vide order dated 25.03.2026. 3.

We have been informed that pursuant to the order dated 25.03.2026, the appellant has been paid the amount, however, the appellant disputes the quantum of the amount payable to it.

4.

The learned Single Judge, so far as the payment of interest is 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 21/05/2026 at 12:44:55

concerned, has granted liberty to the appellant to take appropriate steps/ recourse in that regard in accordance with law. 5.

Having regard to the overall facts and circumstances of the case, we find it appropriate to dispose of the instant appeal with the following directions:

i.

So far as the dispute relating to quantum of refund is concerned, it will be open to the appellant to make a representation setting out its grievances to the competent authority of the NBCC within a fortnight from today and once any such representation is made, the same shall be considered and decided in accordance with law. ii.

In respect of the alleged claim of payment of interest on the refunded amount, the appellant shall be at liberty to include the said grievance in the aforesaid representation to be made under this Order and once any such grievance is raised, the same shall be considered and appropriate decision thereon shall also be taken by the competent authority of the NBCC.

iii.

The decision on the representation to be made by the appellant under this Order shall be taken by the authority concerned within six weeks from the date of the said representation.

6.

The appeal stands disposed of in the aforesaid terms. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J MAY 19, 2026 N.Khanna 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 21/05/2026 at 12:44:55