Dwarka Dhruv Developers v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-27248-2013 Date of decision:- 20.10.2015 M/s Dwarka Dhruv Developers

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA Present: Mr. S.K. Garg Narwana, Senior Advocate, with Mr. Vishal Garg Narwana, Advocate, for the petitioner.

Mr. Rahul Dev Singh, Deputy Advocate General, Haryana. Mr. Deepak Sabharwal, Advocate, for respondents No. 2 to 4.

* * * * S.J. VAZIFDAR, A.C.J. (ORAL) The petitioner claims refund of interest paid by it on the delayed payments. The petitioner's case is that there was no delay. The petitioner claims that the respondents were not entitled to interest, inter alia, on the ground that the plot was not allotted to it. The allotment was made only subsequently.

2.

There are various disputed questions including as to the reasons for not making the plot available. It is not possible in this writ petition to entertain such disputes. The petitioner is at liberty to avail of any alternate remedy including seeking arbitration in terms of the arbitration clause of the allotment letter.

3.

The parties are agreed that the possession of the plot has been handed over to the petitioner.

4.

The petition is accordingly disposed of.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE 20.10.2015 Amodh AMODH SHARMA 2015.10.20 15:40 I attest to the accuracy and authenticity of this document chandigarh