Tt Limited vs North Delhi Municipal ...
2018 Latest Caselaw 6961 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                Date of decision: 26th November, 2018

+      W.P.(C) 12561/2018 & CM APPL 48764/2018 (stay) &
       48765/2018 (exemption)

       TT LIMITED                                       ..... Petitioner
                          Through:      Ms. Shilpi Jain Sharma, Adv.
                                        with Mr. Mukul Sharma, Adv.
                          versus

       NORTH DELHI MUNICIPAL CORPORATION
       & ANR                               ..... Respondents
                    Through  Ms. Mini Pushkarna, Standing
                             Counsel for North DMC with
                             Ms. Swagata Bhuyan and Ms.
                             Shiva Pandey, Adv.
       CORAM:
       HON'BLE MR. JUSTICE C. HARI SHANKAR

%                    J U D G M E N T (ORAL)

1.     This writ petition seeks that the premises of Respondent No.2,
at GX-11, Near Bhargava Lane and Bhairan Mandir, behind post
mortem office, Boulevard Road, New Delhi-110054, 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 Pushkarna, 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) 12561/2018                                               Page 1 of 3
 respect of the same premises, there is an order dated 29 th October,
2018, passed by a Coordinate Bench, which permits desealing of the
premises only on payment, by the Respondent No.2, [the petitioner in
that case, M/s Green Express 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.


6.      Accordingly, the prayer of the petitioner is allowed.


7.      Respondent No.1 is directed to deseal the premises only to
enable the petitioner to remove its goods, stated to be contained
therein, and to re-seal the premises thereafter.


8.      The desealing would take place tomorrow i.e. 27th November,
2018 at 10:00 am and the premises would be resealed at 5:00 pm.


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) 12561/2018                                               Page 2 of 3
 10.    The removal of the goods would take place in the presence of
Respondent No.2, as well as the petitioner and representatives of
Respondent No.1, and would be permitted only after it is verified that
the goods belong to the petitioner.


11.    The writ petition stands disposed of in the above terms. There
shall be no order as to costs.

       A copy of this judgment be given dasti under the signatures of
the Court Master.



                                            C. HARI SHANKAR, J.

NOVEMBER 26, 2018 dsn