Cinerama Private Limited v. Naresh Kumar, Chairman New Delhi Municipal Council & ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 935/2016 & C.M.Nos.28778-28779/2016 CINERAMA PRIVATE LIMITED ..... Petitioner Through Mr.S.P.Jha with Mr.Naveen Chaudhary, Advocates.

versus NARESH KUMAR, CHAIRMAN NEW DELHI MUNICIPAL COUNCIL & ANR ..... Respondents Through Mr.Arjun Mitra with Ms.Jaskaran Kaur, Advocates for NDMC.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 06.12.2016 Today learned counsel for the respondent-NDMC states that vide assessment order dated 10th October, 2016, the rateable value of the five flats in question have been de-amalgamated and fresh assessment orders have been made for distinct period w.e.f. 20th August, 2001, 13th December, 2004, 15th November, 2007 and 1st April, 2011.

Learned counsel for NDMC has also handed over a copy of the affidavit dated 2nd December, 2016, which has been returned under objection by the registry. The same is taken on record. Learned counsel for the respondent-NDMC, on instructions of Mr.Prakash Dua, Inspector (HA), NDMC, states that four weeks after receipt of adjustment instructions from the petitioner, the respondent shall refund the excess amount deposited by the petitioner along with

the interest @ 9% p.a. in terms of the directions passed by a Coordinate Bench of this Court in W.P.(C) No.5771/2007. The statement made by learned counsel for the respondentNDMC is accepted by this Court and NDMC is held bound by the same.

In view thereof, present contempt petition is closed. However, if the aforesaid undertaking is not complied with by the respondent-NDMC, the petitioner is given liberty to seek revival of the present contempt petition.

MANMOHAN, J DECEMBER 06, 2016 KA