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High Court of DelhiO.M.P. (E) (COMM.)/12/2018

Aarone Developers Pvt. Ltd. v. Sh. Sanjay Gupta

2018-04-17Hon'Ble Mr. Justice Navin Chawla5 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (E) (COMM.) 12/2018 AARONE DEVELOPERS PVT. LTD.

..... Petitioner Through:

Mr.Ankit Jain, Adv.

versus SH. SANJAY GUPTA ..... Respondent Through:

Ms.Astha Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 17.04.2018 IA No.5152/2018 (Exemption) Allowed, subject to all just exceptions.

O.M.P. (E) (COMM.) 12/2018 Issue notice. Notice is accepted by Ms.Astha Gupta, Advocate on behalf of the respondent. She submits that the respondent has no objection if the prayer made in the petition is granted.

This petition has been filed under Section 27 of the Arbitration and Conciliation Act, 1996 praying for assistance of this Court in issuance of summons to the witnesses mentioned in the petition for their appearance on 20.04.2018 before the Sole Arbitrator.

Having perused the contents of the petition and also the no objection from the counsel for the respondent, the summons for the following witnesses may be issued dasti for their appearance before the Sole Arbitrator Justice Vikramajit Sen (Retd. Judge Supreme Court), at 11:00 a.m., at the Meeting Room III, Imperial Hotel, Janpath New Delhi-110001:- "a) Official from the South Delhi Municipal Corporation

780, Major Somnath Marg, Sector 9, R.K. Puram, New Delhi, Delhi 110022 To produce the following documents:

i) To produce the Communication dt. 11.04.2007, bearing No. T.P/G/1249/07, issued by Sr. Town Planner(L), Municipal Corporation of Delhi, Nigam Bhawan, Kashmere Gate, Delhi - 06, to The Jt. Director (MP), Delhi Development Authority, Vikas Minar, IP Estate, New Delhi, with a copy to Uppal Housing Ltd., seeking clarification as to the applicability of Development Control Norms in Lal Dora area of Village Abadis. ii) To produce the Original communication dated 12.07.2007, bearing No-2007-MP/96, issued by Sh. A.K. Manna, Jtr. Dir. (MP), 6th Floor, Vikas Minar, Delhi Development Authority to Sr. Town Planner(L), the Municipal Corporation of Delhi, Town Planning Department, Nigam Bhawan, Kashmere Gate, Delhi - 6, regarding the preparation of Special Area Redevelopment Schemes for traditional areas, within timeframe.

iii) To bring the Communication bearing No. TP/4/861 dt. 11.03.2011 issued by Sr. Town Planner(L), Municipal Corporation of Delhi, Town Planning Department, Civic Centre, 13th Floor, Minto Road, Delhi, to The Commissioner (Plg.), Delhi Development Authority, Vikas Minar, Delhi, with a copy to Uppal Housing Ltd., regarding Approval of Layout Plan for Group Housing in Village Abadi (Chandanhulla, Tehsil Hauz Khas, New Delhi. iv) To bring the Communication bearing No. F.3(29)2011/MP/114 dt. 05.05.2011 issued by H.S. Dhillon, Jt. Director (MP), Master Plan Section, 6th Floor, Vikas Minar, New Delhi - 110002, to Sr. Town Planner(L), Town Planning Department, Municipal Corporation of Delhi, Civic Centre, Minto Road, Delhi, regarding Group Housing in Village Abadi (village Chandanhulla, Tehsil Hauz Khas, New Delhi).

v) To bring the Circular bearing No. TP/G/3426/11, dt. 28.09.2011, issued by Additional Commissioner (Engg.), Municipal Corporation of Delhi, Town Planning Department, 13th Floor, EBlock, Civic Centre, New Delhi, in relation to Sanction of Building plans in Village Abadis.

b) Official from the Delhi Development Authority, Vikaas Sadan, I.N.A., New Delhi

To produce the following documents:

(i) To produce the Communication dt. 11.04.2007, bearing No. T.P/G/1249/07, issued by Sr. Town Planner(L), Municipal Corporation of Delhi, Nigam Bhawan, Kashmere Gate, Delhi - 06, to The Jt. Director (MP), Delhi Development Authority, Vikas Minar, IP Estate, New Delhi, with a copy to Uppal Housing Ltd., seeking clarification as to the applicability of Development Control Norms in Lal Dora area of Village Abadis. (ii) To produce the Original communication dated 12.07.2007, bearing No._ 2007-MP/96, issued by Sh. A.K. Manna, Jtr. Dir. (MP), 6th Floor, Vikas Minar, Delhi Development Authority to Sr. Town Planner(L), the Municipal Corporation of Delhi, Town Planning Department, Nigam Bhawan, Kashmere Gate, Delhi - 6, regarding the preparation of Special Area Redevelopment Schemes for traditional areas, within timeframe. (iii) To bring the Communication bearing No. TP/4/861 dt. 11.03.2011 issued by Sr.

Town Planner(L), Municipal Corporation of Delhi, Town Planning Department, Civic Centre, 13th Floor, Minto Road, Delhi, to The Commissioner (Plg.), Delhi Development Authority, Vikas Minar, Delhi, with a copy to Uppal Housing Ltd., regarding Approval of Layout Plan for Group Housing in Village Abadi (Chandanhulla, Tehsil Hauz Khas, New Delhi.

(iv) To bring the Communication bearing No. F.3(29)2011/MP/114 dt. 05.05.2011 issued by H.S. Dhillon, Jt. Director (MP), Master Plan Section, 6th Floor, Vikas Minar, New Delhi - 110002, to Sr. Town Planner(L), Town Planning Department, Municipal Corporation of Delhi, Civic Centre, Minto Road, Delhi, regarding Group Housing in Village Abadi (Village Chandanhulla, Tehsil Hauz Khas, New Delhi).

(v) To bring the Circular bearing No. TP/G/3426/11, dt. 28.09.2011, issued by Additional Commissioner (Engg.), Municipal Corporation of Delhi, Town Planning Department, 13th Floor, EBiock, Civic Centre, New Delhi, in relation to Sanction of Building plans in Village Abadis.

(vi) Public Notice dt. 04.05.2013, issued by Commissioner-cumSecretary, Delhi Development Authority, regarding proposed amendments to the Master Plan.

c) Official from the Hon'ble High Court of Delhi, Sher Shah Road, New Delhi.

To produce the records of the following cases, pending before Hon'ble Delhi High Court:- (i) C.S.(OS) No.255/2011, titled as "Sumangli Gupta Vs. L.R. Gupta HUF & Ors.";

(ii) C.S.(OS) No.1968/2003, titled as "Sh. Rajiv Gupta Vs. Sh. L.R. Gupta HUF & Ors.";

(iii) F.A.O.(OS) No.342/2016 titled as "Sumangli Gupta Vs. L.R. Gupta HUF & Ors."

(iv) C.S.(OS) No.1965/2012, titled as "Sonakshi Gupta Vs. L.R. Gupta HUF & Ors."

d) Official from the Bank of Baroda, 16, Community Centre East of Kailash, New Delhi To produce the Statement of Account of Account No.

09630200000537, in the name of Aarone Developers Pvt. Ltd.; i) Relating to payment of Rs. 20,000/- to Accurate Surveyors, vide Cheque bearing No. 490584, dt. 03.06.2006.

ii) Relating to payment of an amount of Rs.10,07,869/- to M/s Design Forum International, the firm of Sh. Goonmeet Singh Chauhan, vide Cheque bearing No.012843, dt. 08.10.2008. e) Official from HDFC Bank E-216 East of Kailash, New Delhi To produce the Statement of Account of Account No.

04832320000017, in the name of Aarone Developers Pvt. Ltd.; i) Relating to an amount of Rs. 47,646/- to Foundtek Consultants Pvt. Ltd., vide Cheque bearing No. 124535, dt. 18.05.2007. f) Mr. Ashok Kumar S/o Sh. Attar Singh, R/o 356-357, M.G. Road, New Metro Station, Sultanpur, Delhi."

The diet money shall be paid to the witnesse(s) upon their appearance before

the Sole Arbitrator.

The petition is allowed in the above terms.

Dasti.

NAVIN CHAWLA, J APRIL 17, 2018/rv