Disposed

M/S Better Deals Investments v. Govt. of NCT of Delhi & Ors.

Delhi HC7 Mar 2024W.P.(C)/2852/2023

Case brief

AI extract

What is this about?

The Delhi High Court disposed of a writ petition seeking vacating of sealing orders and stock removal directions by directing the petitioners to follow Rule 56 of the Delhi Excise Rules, 2010, based on a previous Division Bench order in linked license pending applications. The next hearing date was cancelled.

What did the court decide?

Petitioner directed to remove and dispose of stock following Rule 56 of Delhi Excise Rules, 2010; next hearing date cancelled.

M/S Better Deals Investments Vs Govt. of NCT of Delhi & Ors. — Landlord and Tenant | Delhi HC (2024)

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$~82

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 2852/2023

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M/S BETTER DEALS INVESTMENTS ..... Petitioner

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Through: Mr. Mayank and Mr. Biman Sethi, Advocates.

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versus

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GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Prashant Manchanda, ASC for GNCTD with Ms. Nancy Shah, Ms. Haridas Medha Dilip and Mr. Vishal, Advocates.

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Mr. Binod Kumar, SO, Mr. Anil Kumar, ASO, Mr. Roshan Kumar, Sr. Asstt. and Ms. Manjeet, Jr. Asstt.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 07.03.2024 CM APPL. 14408/2024 (Exemption)

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Allowed, subject to all just exceptions.

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CM APPL. 14407/2024

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The Petitioners have approached this Court with the following

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prayers:-

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“a) Vacate the Sealing Order No. F. No/Zone-30/L7Z/Ex./IMFL/2021- 22/1840 dated 16.07.2022 issued by Respondent no. 2 in respect of Demised Premises and thereby de-sealing the Demised Premises of shops bearing no. G-5 and G-18 situated at West End Mall, District Centre, Janakpuri, New Delhi-110058;

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Page 1 of 3

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W.P.(C) 2852/2023

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:47:40

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b) Pass necessary directions to Respondents to remove and dispose of all the stocks, materials, apparatus etc. lying in the Demised Premises in accordance with applicable provisions of law inter-alia Delhi Excise Act, 2009 and Delhi Excise Rules, 2010 and handover the vacant and peaceful possession of the Demised Premises to the Petitioner /Lessor;

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c) Any other order(s)/relief(s) which this Hon'ble Court deems fit in the interest of justice and equity.”

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The relief sought for in this writ petition was also a subject matter in a batch of LPAs being LPA No.193/2023 etc. The Division Bench of this Court vide Order dated 26.02.2024 in LPA No.193/2023 etc. passed the following order:-

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“5. Counsel for the applicants/landlords as well as the tenant/licensee submits that it is serving no one’s interest, much less that of the non applicants/appellants, in continuing with the logjam.

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5.1 The submission advanced is that the applicants, who consist of landlords, are not being able to obtain possession of their respective properties. It is contended that the liability of the tenant/licensee qua government dues can possibly be scaled down if the liquor stocked in the subject premises is auctioned. The argument is that the non applicants/appellants would be able to at least partially recover their dues if the stocked liquor is auctioned.

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5.2 Thus the submission of the applicants/landlords is that if the procedure prescribed in Rule 56 of the Delhi Excise Rules, 2010 [in short, “Excise Rules”] is followed, the logjam can be broken.

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Page 2 of 3

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W.P.(C) 2852/2023

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:47:40

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6. To be noted, we had issued notice in the abovecaptioned applications. Despite notice, curiously, no reply has been filed by the non applicants/appellants.

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7. In our opinion, any further delay is going to degrade the interest of all parties including nonapplicants/appellants. Therefore, we are inclined to direct the non-applicants/appellants to remove the stock, which, concededly, has already been inventorised pursuant to the orders passed by this court, albeit within the next two (02) weeks.

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7.1 In disposing of the stock, the nonapplicants/appellants will follow the procedure prescribed under Rule 56 of the Excise Rules.”

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Since the facts in the present case are more or less similar, Order dated 26.02.2024 passed by the Division Bench of this Court in LPA No.193/2023 etc. shall mutatis mutandis apply to the facts of the present case also.

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The writ petition is disposed of on the basis of that said order. Pending application(s), if any, stand disposed of.

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The next date already fixed in the matter, i.e., 30.05.2024, stands cancelled.

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SUBRAMONIUM PRASAD, J

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MARCH 7, 2024 hsk

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Page 3 of 3

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W.P.(C) 2852/2023

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:47:40

M/S Better Deals Investments v. Govt. of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

M/S Better Deals Investments v. Govt. of NCT of Delhi & Ors.

Case brief

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