Full Text
W.P.(C) 2579/2016 &CM 10961/2016.
JUDGMENT
(12) W.P. (C)25$0/2O16 &CM 10963/2016 TOGENELECTRONICS PRIVATE LTD Petitioner' USB ENTERPR[SES PRIVATELIMITED..^^^Petklrer Through: Counsel (appearance not given)
VERSUS
JUSTICE NAVIN CHAWLA O R D F, R °/» 16.05.2017 1- The petitioner in this petition approached this Court complaining that despite subsisting parking slot awarded to it, the respondent is retendering the sites. The petitioner submits that despite Its entitlement to cany on business in the site allotted to it (after being success&l for the bid in the auction conducted by the' respondent-Corporation), the authorized sites have been again put to.0 auction. It "Contends furthermore that the licence feis payable under the contract was in fact deposited with the Corporation and in the circumstances, the retendering is arbitrary and contraiy.to law
2. The North Delhi Municipal Coiporation's position is that the petitioners mfact did notpay therequired amounts andhasnot Page ] of[2] 2017:DHC:8140-DB satisfiedits partofthebargainatthetime offiling ofthe petitions and even subsequently, andinthese circumstances, itwasjustified to seek re-auction of the sites. It is asserted that even as on date, the petitioners have not completely tendered the outstanding amount payable bythem.
3. At the time of entertaining these petitions, the Court had restrained the respondents fi-om dispossessing the petitioners from site. This effectively also acted as arestraint from the re-auction for the site.
4 Havingregardtothe submissions made andthe further fact tha,^ the contracts for two parking slots are scheduled to expire shortly (in WP(C) No.2579/2016 on 02.07.2017 and in WP(C) no.2580/2016 on 1606 2017), it is open to the respondent/corporation to initiate proceedingsfor auctionandensurethatallprocessesarecompletedso that the possession is taken over by the successfiiltenderers. This is,without prejudice to the respondent's right to recover the amounts. any outstandingfrom the petitioners. In such proceedmgs, all rights and contentions ofthe parties are kept open.
6. The writpetitions are disposed ofaccordingly. BHAT, J A^^^N-€1^AWLA, J MAY 16,2017 RN Page 2 of[2]