DELHI DEVELOPMENT AUTHORITY v. SKIPPER CONSTRUCTION
2003-07-21
D.M.DHARMADHIKARI, SHIVARAJ V.PATIL
body2003
DigiLaw.ai
ORDER 1. The State of Israel, represented by its Embassy at Delhi, [for short, 'Israel Embassy'] has deposited the entire amount of sale consideration. This being the position, the sale in favour of the Israel Embassy is confirmed as per clause (20) of the terms and conditions of the sale notification. IA No. 95 2. The Learned counsel seeks leave to withdraw the interlocutory application. It is, accordingly, dismissed as withdrawn with liberty to file a application having regard to the subsequent development, namely, the judgment passed by the High Court. IA No. 96 3. The Learned counsel states that the application has become in-fructuous. It is, accordingly, dismissed as having become infructuous. IA No. 97 4. In view of the fact that Mr. L. Nageswara Rao, learned senior counsel, has been appointed to assist the court on behalf of the Flat Buyers Association, this application does not survive. It is, accordingly, dismissed. IA No. 98 5. List the application after three weeks. IA No. 99 6. Four weeks' time is granted to the Delhi Development Authority to file a counter affidavit to the application. The application will be taken up at an appropriate stage. IA No. 100 7. List the application after six weeks. The Counter affidavit shall be filed in the meanwhile. IAs Nos. 101 and 102 8. The Israel Embassy having deposited the entire sale consideration amount by a cheque dated 31st May, 2003, the learned counsel representing the Israel Embassy states that the amount of rent deposited for the months of June, 2003 and July, 2003, as per the order of this Court, may be refunded. 9. In view of the fact that the entire amount of sale consideration in respect of the property in question [No. 3, Aurangzeb Road, New Delhi] is deposited in the court, Mr. Joseph Vellapally, learned Amicus Curiae submits that the amount be refunded to the Israel Embassy. We, accordingly, direct the Registry to refund the amount of Rs. 23,23,952/- [Rupees twenty three lakhs twenty three thousand nine hundred and fifty two] to the Israel Embassy. IA No. 103 10. Six weeks' time is granted to the Israel Embassy to file counter affidavit to the application. List after six weeks. IA No. 104: 11. The application will be heard at an appropriate stage. IA No. 105 12. The Learned counsel seeks permission to withdraw the interlocutory application.
IA No. 103 10. Six weeks' time is granted to the Israel Embassy to file counter affidavit to the application. List after six weeks. IA No. 104: 11. The application will be heard at an appropriate stage. IA No. 105 12. The Learned counsel seeks permission to withdraw the interlocutory application. It is, accordingly, dismissed as withdrawn with liberty to file an application at an appropriate stage, if need be. 13. List the matter on 28th July, 2003 for consideration of the proposed sale deed as also for release of payment to the banks concerned. 14. Court Masters.