Ms Indraesh Developers P Ltd v. Union Of India And ORS

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16475/2025 CM APPL. 67466/2025 CM APPL. 67467/2025 MS INDRAESH DEVELOPERS P LTD .....Petitioner Through:

Mr. S. K. Srivastava, Ms. Shubhi Srivastava and Mr. Prince Kumar, Advs.

versus UNION OF INDIA AND ORS .....Respondents Through:

Mr. Balendu Shekhar, CGSC, Mr.

Rajkumar Maurya, G.P., Ms. Tanisha Samanta, Mr. Krishna Chaitanya and Mr. Divyansh Singh Dev, Advs.

Mr. Gaurav Gupta, SSC, Mr.

Shivendra Singh, JSC, Mr. Yojit Pareek, JSC and Ms. Prakriti Rastogi, JSC

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR

O R D E R

% 30.10.2025 1.

The present petition has been filed with the following prayers:- "I. To set aside & quash the Form No.ITCP 16 [under rule 48 of the Second Schedule of The Income Tax Act, 1961] dated 15.03.2010 (Annexure p-1) issued by the TRO, Central-I, Delhi at New Delhi & Office Memo F.No.TRO/Unit ll/CIT-11/Attachment/205-16/409 dated 06.04.2016 (Annexure P-2) of TRO, Unit 11, O/o Pr.CIT- 11, E-2, Pratyaksha Kar Bhawan, Dr. S.P. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mukherjee Civic Centre, J.L. Nehru Marg, Delhi qua the immovable property No.64 & 64 A, 2nd Floor, Regal Building, Connaught Place, New Delhi-110001. II. To set aside & quash the attachment of immovable property No. 64 & 64 A, 2nd Floor, Regal Building, Connaught Place, New Delhi- 110001 as ordered by TRO, Unit II, O/o Pr.CIT-II, E-2, Pratyaksha Kar Bhawan, Dr. S.P. Mukherjee Civic Centre, J.L. Nehru Marg, Delhi (the then) referred to by Sub-Registrar-VII (INA), C Block, Vikas Sadan, Delhi No.F.SR-VII/485, dated 23.08.2016, Book II.

III. To restrain the Respondents from acting unlawfully,& treating the immovable property bearing No.64-64 A, 2nd Floor, Regal Building, Connaught Place, New Delhi-110001 being the absolute property of Petitioner Company as the property of one Sri Romesh Sharma [PAN ABPPS7882N], C-30, Mayfair Garden, New Delhi-110016;

IV. To direct Respondents to abide by Tripartite Compromise Decree dated 19.12.2006 (Annexure P-3) in Suit No.210/2006 [old Suit No.96/1996] of the Court of Hon'ble Sri Rakesh Kumar, Ld. ADJ/ Delhi of late T.R. Anand, Sri Ramesh Sharma & Income Tax Deptt. V. To set aside & quash all the further & consequential proceedings undertaken by Respondents qua the Petitioner pursuant thereto.

VI. To award the full cost of the Petitioner suffered by it since 2016.

VII. To pass any other; & further orders as deemed to be appropriate in the facts & the circumstances of this case by this Hon'ble Court."

2.

Mr. S.K. Srivastava, learned counsel for the petitioner after some submission, states that, in view order in the earlier W.P. (C) 10420/2018 dated 12.02.2025 and also the order dated 14.07.2025 in Review Petition 356/2025, he shall withdraw the petition to enable the petitioner seek such The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

remedy as available in law.

3.

The petition is dismissed as withdraw.

V. KAMESWAR RAO, J VINOD KUMAR, J OCTOBER 30, 2025 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.