Full Text
Date ofdecision: 1V* December, 2018
{exemption)
ASHOK KUMAR SURENDER Petitioner
Through: Ms. Shilpi Jain Sharma, Adv. with Mr. Mukul Sharma, Adv.
& ANR' ' ••••• Respondents
Through- Ms.. Mini Pushkama, Standing : Counsel for North DMC with
V '' Ms;. Swagata Bhuyan and Ms. Shiya Pandey, Adv.
ORDER(ORAL) p.;/'
JUDGMENT
1. This writ petition seeks that the premises of Respondent No.2, at GX-ll, Near BhargavajXane a^^^ behind post mortem office, Boulevard Road, New Delhi-l10054, be desealed, as the petitioner claims that the petitioner's goods are contained therein.
2. The petitioner seeks to remove the said goods.
3. Ms. Mini Pushkama, learned Standing Counsel for the North DMC, also does not oppose the request subject to the opening of the premises being for a limited period of time, as, she submits that, in W.P.(C) 13359/2018 Page 1of[3] 2018:DHC:8987 respect ofthe same premises, there is an order dated 29**^ October, 2018, passed by a Coordinate Bench, which permits desealing of the premises only onpayment, by the Respondent No.2, [the petitioner in that case,M/s GreenExpress Carriers Pvt Ltd.] of ^ 55 lakh.
4. The petitioner, however, does not seem to be complicit in any manner, regarding the short payment of property tax to Respondent No.2.
5. There can be no reasonable objection to the petitioner being permitted to remove its goods.; ' A • i;., 1 ->• -•,;
6. Accordingly, the prayfeof/the'pBtiili5hp^ is allowed.
7. Respondent No.l is dlrfei5teH|o|#seal the premises only to enable the petitioner to reiii;^fe|:itst^ stated to be contained therein, and to re-seal the pir^i^es (. '.s- •
8. The desealing would take place tomorrow i.e. December, 2018 at 10:00 am and the prMsfe^ at 5:00 pm. The respondent shall also be at liberty to seek assistance from police authorities in order to enable this exercise to be carried out.
9. Should the petitioner not be able to clear its goods within the said period, it is permitted to do so on the next day as well. For that purpose, the premises would be opened and desealed and resealed at 10:00 am and 05:00 pm respectively. W.P.(C) 13359/2018 Page 2of[3]
10. The removal of the goods would take place within next five days in the presence ofRespondent No.2, as well as the petitioner and representatives ofRespondent No.l, and would be permitted only after it is verifiedthat the goods belong to the petitioner.
11. The writ petition stands disposed of in the above terms. There shall be no order as to costsi Dasti.