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High Court of DelhiO.M.P.(I) (COMM.)/130/2018

True Zone Buildwell Pvt. Ltd. v. Sai Dass & ANR.

2018-07-26Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 130/2018 TRUE ZONE BUILDWELL PVT. LTD.

..... Petitioner Through Ms. Aakashi Lodha and Ms. Malavika Lal, Advs.

versus SAI DASS & ANR.

..... Respondents Through Mr. Alok Srivastava and Mr. Gautam Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 26.07.2018 The following substantive prayers have been made in the petition:

"(a) Call for the official record of the Ld. Arbitrator along with orders passed by the Ld. Arbitrator during the course of the arbitral proceedings;

(b) Restraining the Respondents from receiving the amount of enhanced compensation paid by the State of Haryana with the Land Acquisition Officer, Haryana or any other appropriate authority under the Land Acquisition proceedings, till the pendency of the present petition;

(c) Alternatively, directing the Respondents to deposit a sum of being INR 1,58,96,250/- (Rupees One Crore, Fifty Eight Lakh, ninety six thousand and two hundred and fifty only) and interest @12% per annum on 1,58,96,250/- from the date of the Agreement to Sell till the O.M.P.(I) (COMM.) 130/2018

date of actual payment by the Respondents;

(d) Pass ad-interim ex-parte order in terms of prayers (a) and (b) above in favour of the Petitioner and against the Respondents" Mr. Srivastava, who, appears for the respondents, says that the respondents have received no money from the land acquisition officer in the captioned petition.

To be noted, on the previous date i.e. 22.03.2018, the respondents were restrained from receiving the compensation from the State of Haryana or any other authority concerned with the land acquisition proceedings. It was further directed that in the event, any such sum had been received, albeit, after 26.02.2018, the same shall be deposited with the Registry of this Court. In view of the submissions of the counsel for the respondents that no money has been received, this petition is disposed of with the direction that the respondents will not receive the compensation either from the State of Haryana or any other authority concerned with the land acquisition proceedings.

Liberty is, however, given to the petitioner to move this Court for having the money/compensation deposited in this Court. RAJIV SHAKDHER, J JULY 26, 2018 O.M.P.(I) (COMM.) 130/2018