JUDGMENT Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present set of petitions have been filed by the Petitioners seeking de-sealing of their properties which were sealed by the Department of Excise, GNCTD due to non-payment of licence fees by their Lessee/Tenant, Respondent No.3- Popular Spirits LLP. The Petitioners further seek directions to the Respondents to dispose of the stocks lying in their properties as also vacant and peaceful possession of their properties. 3. The Petitioners are the owners of the properties which are detailed below: S. No. Writ Petition(C) Cause Title Address 1. W.P.(C) 17279/2022 Neelam Aggarwal & Ors. Vs. GNCTD & Ors. Shop Nos. 101, 102, 103- A, 103-B, 105, 106, 107,109 & 110 GF, Dawars Janak Market, LSC, Plot-5, C-1 Block Janakpuri, New Delhi- 110058 2. W.P.(C) 131/2023 Lokesh Sharma Vs. GNCTD & Ors. Nos. 5&6, GF, Ashoka (Main) Park, Rohtak Road, Delhi-110035 3. W.P.(C) 1157/2023 Pradeep Kumar & Anr. Vs. GNCTD & Ors. B-1, East Baldev Park near Tikona Park, Parwana Road, Delhi-51 4. W.P.(C) 1180/2023 Darshan Lal Vs. GNCTD & Ors. P roperty No. 11/51, Geeta Colony, Delhi-110031 5. W.P.(C) 1187/2023 Ravinder Sukhija & Ors. Vs. GNCTD & Ors. Property No.5&6, Bhagat Singh Road, Satnam Park Chander Nager, Delhi- 110051 6. W.P.(C) 1223/2023 Suresh Kumari Manchanda & Ors. Vs. GNCTD & Ors. Built up Property No. 5/1/4, Geeta Colony, Delhi-110031 7. W.P.(C) 1224/2023 Kiran Bala & Ors. Vs. GNCTD & Ors. 53-A, 54,55&61 Main Patparganj Road, Khajuri Khas, Delhi-110051 8. W.P.(C) 1225/2023 Rajesh Bhatia & Anr. Vs. GNCTD & Ors. 3536-A/5, Plot No. 5/9 Raja Park, Shakur Basti, Delhi-110034 9. W.P.(C) 1777/2023 Samaira Jewels Pvt. Ltd & Ors. Vs. GNCTD & Ors. G26,27,28,29,30 (GF) Westend Mall, District Centre Janakpuri, New Delhi-110058 4. The case of the property owners is that their premises were let out to Respondent No.3- M/s. Popular Spirits LLP, which was a license holder under the now scrapped Excise Policy which was valid till 31st August, 2022. M/s Popular Spirits had taken all these properties on rent for running licensed wine and beer shop. The terms and conditions of the agreements between the property owners and M/s Popular Spirits are different. However, a common order is presently being passed as the directions being passed today, would be common to all the writ petitions. 5. M/s Popular Spirits had taken all these properties on rent for running licensed wine and beer shop. The terms and conditions of the agreements between the property owners and M/s Popular Spirits are different. However, a common order is presently being passed as the directions being passed today, would be common to all the writ petitions. 5. The case of all the Petitioners is that their properties have been sealed by the Excise Department owing to the fact that M/s Popular Spirits did not pay the entire excise amount which was due to the Department. The property owners pray for de-sealing of their properties. 6. It is common consensus between the parties that M/s Popular Spirits did not have an excise license as of 31st August, 2022 for sale of liquor and the properties had been sealed prior to the said date. 7. Orders have been passed from time to time in all these matters on different dates and the sum and substance of these orders is that the Petitioners cannot be made to suffer due to the dispute between M/s Popular Spirits and the Excise Department. The Petitioners are property owners who have given their properties on rent to M/s Popular Spirits and are in fact not stated to have received rent for the last several months. Ld. Counsels for the Petitioners also point out that the owners are being saddled with electricity and other dues as well. 8. As per the submissions made by ld. Counsels, the said firm M/s. Popular Spirits, has the following three partners: i. Mr. Sahil Arora - 30%, with capital contribution of Rs.50,000/- ii. Mr. Ram Diya - 45%, with capital contribution of Rs.6.50 crores iii. Mr. Mohit Singh - 25%, with capital contribution of Rs.50,000/- 9. On 19th December, 2022, the Court had passed the following order in W.P.(C) 17279/2022 titled Neelam Aggarwal v. Government of National Capital of Delhi : 8. Heard. This Court has noticed that in an earlier writ petition as well, the property owner had approached this Court in W.P.(C) 16554/2022 titled Kailash Budhiraja & Ors. v. Commissioner of Excise & Anr. , for a premises in Jagat Puri, concerning the same issue of pendency of excise dues of M/s Popular Spirits. The demised premises in the present case is in Janak Puri. Considering these facts, the partners of M/s Popular Spirits, namely, Mr. Sahil Arora and Mr. v. Commissioner of Excise & Anr. , for a premises in Jagat Puri, concerning the same issue of pendency of excise dues of M/s Popular Spirits. The demised premises in the present case is in Janak Puri. Considering these facts, the partners of M/s Popular Spirits, namely, Mr. Sahil Arora and Mr. Ram Diya are directed to be present in Court on the next date of hearing. 9. Copy of the present order shall be served by the Excise Authorities upon Respondent No.3 and Mr. Sahil Arora and Mr. Ram Diya, through the SHO of the concerned area. 10. On 31st January, 2023, the Court had passed the following order in W.P(C) 1157/2023 titled Pradeep Kumar v. Government of National Capital of Delhi and connected matters: 2. These are petitions where the owners of the various properties seek de-sealing of their premises which was taken on rent by M/s Popular Spirits LLP. 3. Issue notice to all the Respondents. 4. Notice is accepted by ld. Counsel on behalf of GNCTD and Department of Excise, GNCTD. 5. There are other similar matters which this Court has already entertained and notice has been issued. Accordingly, list these matters on 20th February, 2023. 6. On the said date, partners of M/s Popular Spirits LLP i.e. Mr. Sahil Arora, Mr. Ram Diya and Mr. Mohit Singh shall remain present in Court. All the said partners shall be served through their e-mail addresses - sahilarora5189@gmail.com, surendra.rai54@gmail.com and dddmohit@yahoo.com . 11. Pursuant to the orders of this Court, Mr. Sahil Arora and Mr. Ram Diya are present in Court today. However, Mr. Mohit Singh, who was served by email, is not present. It is submitted by ld. Counsels for other two partners, which is confirmed by the other two partners, that Mr. Mohit Singh is aware of these proceedings and is avoiding appearance before the Court. In view of these facts, let bailable warrants for a sum of Rs.25,000/- with one surety be issued against Mr. Mohit Singh at his addresses S-363, First Floor, Greater Kailash-II, New Delhi as also at his residential address at Jathari (66), PS Rai, Sonipat, Haryana. The said notices shall be served by the Petitioners through the PS Greater Kailash - II and PS Rai. 12. In addition, the Registry of this Court shall also serve copy of today's order on Mr. Mohit Singh at his mobile number 9991331999. The said notices shall be served by the Petitioners through the PS Greater Kailash - II and PS Rai. 12. In addition, the Registry of this Court shall also serve copy of today's order on Mr. Mohit Singh at his mobile number 9991331999. It is made clear that if Mr. Mohit Singh chooses not to appear before this Court, the Court would be constrained to take coercive steps in this regard or take an adverse inference. 13. Mr. Ram Diya, upon a query from the Court, submits that the total purchase price of the stock which is lying in these retail vents is approximately Rs.10 crores and the retail selling price of the entire stock would be over Rs.24 crores. 14. In view of the fact that the retail vents have been sealed for a long duration and no amount of rent is being paid on monthly basis to the owners, it is deemed appropriate to direct as under: i. The concerned officials of the Excise Department under the supervision of an Asst. Commissioner of Excise shall de-seal each of the properties in the following manner: S. No. Address Date for De- sealing and preparation of Inventory 1 Shop Nos. 101,102,103- A, 103-B, 105,106,107,109 & 110 GF, Dawars Janak Market, LSC, Plot-5, C-1 Block Janakpuri, New Delhi-110058 23rd -24th February, 2023 2 Nos. 5&6, GF, Ashoka (Main) Park, Rohtak Road, Delhi-110035 27th -28th February, 2023 3 B-1, East Baldev Park near Tikona Park, Parwana Road, Delhi- 110051 2nd -3rd March, 2023 4 Property No. 11/51, Geeta Colony, Delhi- 110031 6th-7th March, 2023 5 Property No.5&6, Bhagat Singh Road, Satnam Park Chander Nager, Delhi- 110051 9th -10th March, 2023 6 Built up Property No. 5/1/4, Geeta Colony, Delhi-110031 13th-14th March, 2023 7 53-A, 54,55&61 Main Patparganj Road, Khajuri Khas, Delhi-110051 16th-17th March, 2023 8 3536-A/5, Plot No. 5/9 Raja Park, Shakur Basti, Delhi-110034 20th-21st March, 2023 9 G26,27,28,29,30 (GF) Westend Mall, District Centre Janakpuri, New Delhi-110058 23rd-24th March, 2023 ii. Inventories shall be prepared under the supervision of the Asst. Commissioner with the help of his team in the concerned areas. A comprehensive status report shall be filed after an inspection is conducted by the Asst. Commissioner. iii. Upon the inventories being prepared, the entire stock of the liquor found at each premises shall be transferred to a warehouse identified by Mr. Commissioner with the help of his team in the concerned areas. A comprehensive status report shall be filed after an inspection is conducted by the Asst. Commissioner. iii. Upon the inventories being prepared, the entire stock of the liquor found at each premises shall be transferred to a warehouse identified by Mr. Ram Diya, or M/s Popular Spirits LLP which shall be identified within 7 days. It is clarified that the maintenance and other payments qua the properties shall be borne by M/s Popular Spirits LLP, at this stage, since majority ownership of the profit and loss in the firm is of Mr. Ram Diya. The payment by Mr. Ram Diya by himself or on behalf of the firm, M/s Popular Spirits LLP would be subject to further orders of this Court. iv. If Mr. Ram Diya or M/s Popular Spirits LLP does not identify a warehouse for stocking of the inventoried liquor, the Excise Department shall make its arrangements for the storage of the stock and file the expense statement of such warehouse, on the next date of hearing. v. Upon the stock being transferred to the destination warehouse, the same shall be sealed by the Assist. Commissioner and a complete inventory shall be placed before this Court. The inventory shall be placed shall be in a tabular form with the quantity and monetary value of the liquor found at each of the premises of the Petitioners separately mentioned. vi. During the inventory preparation, the Petitioners, who are the property owners, shall be present so as to ensure that the inventory is prepared in a fair and transparent manner. vii. The partners of M/s Popular Spirits LLP or their representatives may also be present at the time of preparation of inventory and transfer of stock. viii. Upon the inventories from each of the premises being prepared and the stock being moved to the destination warehouse, the properties of the Petitioners shall be de-sealed by the Excise Department. 15. Let the entire stock inventory be placed before this Court on the next date of hearing. 16. viii. Upon the inventories from each of the premises being prepared and the stock being moved to the destination warehouse, the properties of the Petitioners shall be de-sealed by the Excise Department. 15. Let the entire stock inventory be placed before this Court on the next date of hearing. 16. Due to the apprehension expressed by the Petitioners, who are the owners of the properties concerned, regarding non-payment of electricity/other dues, it is directed that bills, if any, of all the authorities which have been raised qua the said properties shall be placed on record by the Petitioners as also by M/s Popular Spirits LLP. 17. No coercive action shall be taken by any authority till the next date of hearing in respect of electricity or water connection or any other dues in respect of the liquor vends which are leased out to M/s. Popular Spirits. Upon the stock being moved, possession of the properties shall be handed over to the concerned Petitioners. List on 19th April, 2023. W.P.(C) 429/2023 & CM APPL. 1706/2023 18. Mr. Sahil Arora and Mr. Ram Diya are present in Court. Bailable warrants have already been issued qua the third partner Mr. Mohit Singh. Since the issues raised in this petition relate to the stocks of M/s Popular Spirits LLP and other consequential reliefs, it is deemed appropriate to adjourn this matter to the next date of hearing. 19. Ld. counsel appearing for Mr. Ram Diya submits that he has lodged an FIR being FIR No.131/2022 with the EOW, Delhi Police on 1st September, 2022. 20. Mr. Nandrajog, ld. Counsel submits that a settlement has been arrived at between the parties of the firm dated 18th November, 2022. 21. These issues concerning the partners of M/s Popular Spirits LLP and the stocks thereof shall be considered on the next date of hearing. 22. List on 19th April, 2023.