Atlanta Limited v. Santosh Kumar Yadav

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 750/2025 ATLANTA LIMITED .....Petitioner Through:

Mr. Chirag M. Shroff, Ms. Mahima C.

Shroff & Mr. Dhananjay Kataria, Advs.

versus SANTOSH KUMAR YADAV .....Respondent Through:

Ms. Tanu Priya Gupta, Ms. Khushi Sharma, Advs. for NHAI. (thru VC)

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 28.05.2025 CM APPL. 33709/2025 1.

This application has been filed on behalf of petitioner seeking directions to respondent, considering that LPA filed by the respondent has since been dismissed by the Division Bench on 21st May 2025. The relevant directions passed by the Division Bench in the said order, are as under: "20. The resistance of the appellant to the imposition of interest too cannot be countenanced. It is not disputed that the respondent had filed an application in the underlying writ petition seeking 9% interest on the amount so forfeited. We find from the records that learned Single Judge has awarded a very reasonable and simple interest of 6% on Rs.48.50 lakhs directed to be refunded to the respondent. The power and jurisdiction of a Court to grant interest cannot be questioned, more so for the reason that the Courts are empowered under the provisions of the Interest Act, 1978. Thus, in suitable cases, a Court can grant reasonable interest. We find no reason, much less any cogent reason to interfere with the direction to pay interest."

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 01/07/2025 at 01:44:11

2.

Ms. Tanu Priya Gupta, Advocate appears for NHAI and accepts notice.

3.

It is accordingly directed that NHAI will duly comply with the directions and the entire amount, including the principal amount and interest, will be paid to the petitioner within a period of 4 weeks. 4.

With these directions, this application stands disposed of. CONT.CAS(C) 750/2025 1.

In view of above order, this petition stands disposed of with directions to NHAI to pay up the entire amounts, within a period of 4 weeks.

2.

The timeline is sacrosanct and the counsel shall ensure that this timeline is not breached, considering that original order was passed on 24th March 2025; by order dated 13th May 2025, this Court had directed NHAI to deposit the principal amount, since LPA was still pending. 3.

Now that the LPA has also been dismissed by the Division Bench by order dated 21st May 2025, there should be no reason why the payments should be delayed any further.

4.

Compliance affidavit shall be filed within 4 weeks with copy to the counsel for the petitioner.

5.

Date of 25th September 2025, fixed earlier, stands cancelled. 6.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 28, 2025/sm/na 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 01/07/2025 at 01:44:11