Ashok Kumar Agarwal v. NHAI
Case brief
What is this about?
Writ petition filed to seek refund of security deposit and time to vacate shop acquired for NH project. Court held deposit claim is misconceived and eviction plea not maintainable here.
What did the court decide?
Writ petition disposed of; no relief granted to petitioner.
What the court decided
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.5283 of 2021
Ashok Kumar Agarwal … Petitioner - Versus - National Highways Authority of India & others … Opp. Parties
O R D E R
- 08.03.2021
Heard learned counsel for the petitioner.
- This writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India seeking direction to the Opposite Parties to allow him some time to vacate his belongings from the shop room standing over the Plot No.26 under Khata No.644 of village Choudwar and also direction to the Opposite Party No.3-Official Liquidator, Orissa Textile Mills (hereinafter referred to as the ‘OTM’), to refund the security amount deposited with the OTM along with accrued interest of 11% per annum within a stipulated time.
- As it appears, the OTM was having many shop rooms standing over Plot No.26 under Khata No.644 of village-Choudwar belonging to it. The petitioner was managing one of such retail outlet being the highest bidder by depositing an amount of Rs.1.00 lakh, which is refundable with 11% interest
2
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to direction for refund of security deposit with interest from the liquidated company.
Whether the petitioner can seek extension of time to vacate premises acquired for public purpose in this writ petition.
Parties & counsel
- petitioner
Ashok Kumar Agarwal
- respondent
National Highways Authority of India
- respondent
Official Liquidator, Orissa Textile Mills
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court