High CourtsSingle Bench(2018) 11 DEL CK 0263

TT Limited vs North Delhi Municipal Corporation & Anr

Delhi High Court · Decided on 26 November 2018

HON’BLE JUDGES
C. Hari Shankar, J
RESULT
Disposed Off
CASE NUMBER
Civil Writ Petitions No. 12561 Of 2018 & Civil Miscellaneous Application No. 48764, 48765 Of 2018

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Judgment

18 paragraphs · 352 words
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 respect of the same premises, there is an order dated 29th 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 Rs. 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.

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.