M/S. ANGEL BABY PRODUCTS PVT. LTD. versus NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

M/S. ANGEL BABY PRODUCTS PVT. LTD. versus NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

Imposition of penalty and interest for failure to execute lease deed within stipulated and extended period is not interfered with given subsequent conduct of the petitioner company and original allottee; however, the two-month extension granted by CEO from the order dated 24.03.02 is to be excluded when calculating penalty and interest as payable under the agreement.

Parties
Petitioner: M/s. Angel Baby Products Pvt. Ltd.; Respondents: New Okhla Industrial Development Authority & Ors.
Jurisdiction
India
Judgment Date
27 October 2010
Procedural Posture
Special Leave Petition (civil) / Appeal From Allahabad High Court Civil Misc. Writ Petition No. 16819 of 2003; Supreme Court Judgment
Outcome
Special Leave Petition dismissed
Legal Topics
Commercial Lease, Imposition of Penalty, Waiver of Penalty, Extension for Deed Execution, Change in Name of Allottee
Property Law Contract Law Administrative Law Commercial Lease Imposition of Penalty Waiver of Penalty Extension for Deed Execution Change in Name of Allottee

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

M/s. Angel Baby Products Pvt. Ltd.

Petitioner

New Okhla Industrial Development Authority & Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Appeal From Allahabad High Court Civil Misc. Writ Petition No. 16819 of 2003; Supreme Court Judgment

Legal Issues

  1. 1 Whether imposition of penalty for delay in execution of lease deed by the allottee is valid despite requests for waiver and extensions
  2. 2 Whether subsequent conduct of petitioner/allottee affects entitlement to waiver of penalty and interest

Ratio Decidendi

Imposition of penalty and interest for failure to execute lease deed within stipulated and extended period is not interfered with given subsequent conduct of the petitioner company and original allottee; however, the two-month extension granted by CEO from the order dated 24.03.02 is to be excluded when calculating penalty and interest as payable under the agreement.

Court Disposition

Special Leave Petition dismissed

Orders

  • Calculation of penalty and interest shall exclude two-month period from 24.03.2002 order
  • No order as to costs