Growth Authomotives Llp v. Haryana Shehri Vikas Pradhikaran And Another

C.W.P. No. 4459 of 2024 -12024:PHHC:026967-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 4459 of 2024 Date of decision: 27.02.2024 Growth Automotives LLP .... Petitioner Vs.

Haryana Shehri Vikas Pradhikaran and another .... Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Aashish Chopra, Senior Advocate with Ms. Mehar Nagpal, Advocate for the petitioner.

Mr. Deepak Sabherwal, Advocate for the respondent-HSVP.

ARUN PALLI, J (Oral) In essence, a mandamus is prayed for commanding the respondents to enable the petitioner to access the web portal for remitting the balance payment qua commercial site/building No.7, situated in Sector 38, Urban Estate, Gurugram-II, in terms of memo dated 23.02.2021 (P-4), which permits the bidder to deposit remaining 75% of the consideration amount with 15% penal interest for the delay, within a period of 30 days after the stipulated period. Further, even the memo dated 03.05.2023 (P-5) postulates a further period of 30 days, after expiry of initial period of 30 days, subject to payment of requisite amount with interest @ 18% per annum.

And, a direction is also prayed for requiring the respondents to remove encroachments from the proposed site for which the petitioner had submitted the highest bid and was declared a successful bidder. Served with an advance copy of the petition, Mr. Deepak Sabherwal, Advocate, for respondent-HSVP is present in Court. At the outset, he submits that in context of the limited issue involved for consideration, it would be expedient if this petition is disposed of, at this stage, to enable the competent authorities, to take cognizance of the concerns/grievances of the petitioner, as sought to be raised in the petition, and pass appropriate orders in accordance with law. He further submits that before any such orders are passed, the petitioner shall also be heard. DEEPAK KUMAR 2024.02.

C.W.P. No. 4459 of 2024 -22024:PHHC:026967-DB Learned Senior counsel for petitioner is agreeable to the course suggested by the learned counsel for respondent-HSVP. However, he submits that the matter being time sensitive, the authorities be directed to consider and decide the issue within a specified time. To this, learned counsel for the respondent-HSVP submits that the necessary orders would be passed within 10 days from today. In the wake of the position sketched out above, this petition is accordingly disposed of in terms of the statement made by learned counsel for the parties.

This Court is sanguine that the authorities shall consider/examine the matter in the right earnest, and pass appropriate orders, in accordance with law, within the time indicated by learned counsel for the respondent-HSVP, assigning reasons in support thereof. Needless to assert that this order shall not constitute an expression of opinion on the merits of the case of either party, for, as indicated earlier, the competent authority shall examine the grievances of the petitioner, strictly in accordance with law.

(ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 27.02.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2024.02.28 10:36 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh