M/S. HARI SINGH BUILDERS AND PROMOTERS LTD v. DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.

Delhi High Court · 06 May 2015 · 2015:DHC:4112
Rajiv Shakdher
WP(C) 2789/2013
2015:DHC:4112
civil petition_dismissed

AI Summary

The Delhi High Court dismissed the writ petition seeking to alter the ground rent commencement date, holding that such contractual disputes must be resolved through appropriate legal action, not writ jurisdiction.

Full Text
Translation output
WP(C) 2789/2013
HIGH COURT OF DELHI
JUDGMENT
delivered on: 06.05.2015
WP(C) 2789/2013
M/S. HARI SINGH BUILDERS AND PROMOTERS LTD. ....PETITIONER
Versus
DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT
CORPORATION LTD. AND ANR. .....RESPONDENTS ADVOCATES WHO APPEARED IN THIS CASE:
For the Petitioners : Mr. Ashu Arora and Mr. Vishal Sharma, Advocates
For the Respondent : Ms. Anusuya Salwan and Ms. Renuka Arora, Advocates for R-1
Mr. Ajay Arora, Advocate for respondent no.2
CORAM :-
HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J
WP(C) 2789/2013 and CM No.5260/2013 (interim relief)

1. In the connected writ petition, being: WP(C) 1831/2012, I have delivered a judgment. The counsel for the petitioner in this matter did not advance any separate arguments in the matter. The respondent’s counsel likewise adopted the arguments advanced in the connected writ petition.

2. The rationale given in my judgment delivered today, i.e., 06.05.2015 in WP(C) 1831/2012, would apply to this case as well, as the petitioner, in effect, seeks to change the date of commencement of the period from which ground rent is payable by it, on account of alleged acts of omission and commission of the respondent. 2015:DHC:4112 WP(C) 2789/2013

3. In my opinion, no different view can be taken in this matter. Accordingly, the writ petition and the pending application are dismissed leaving it open to the petitioner to file an appropriate action in the matter; albeit in accordance with law.

RAJIV SHAKDHER, J. MAY 06, 2015 yg