ASHISH SETH versus SUMIT MITTAL AND OTHERS

ASHISH SETH versus SUMIT MITTAL AND OTHERS

The Court held that on a conjoint reading of the MOS dated 04.05.2015 and its earlier order dated 24.04.2020 the Mittal Group had been directed to renew license Nos. 34, 35 and 36 of 2007 and that liabilities for license renewal fees are to be apportioned: Seth Group liable for proportionate share relating to its 14.80 acres plus half the liability of PAL/ORS/Heritage, with Mittal Group liable for the balance; the Court directed Mittal Group to apply for renewal within two weeks and required both groups to pay their respective renewal fees within two weeks, to file undertakings to opt for the DTCP One Time Settlement scheme and to complete renewal within eight weeks, warning that...

Parties
Petitioner: Ashish Seth; Respondent: Sumit Mittal and Others
Jurisdiction
India
Judgment Date
09 October 2020
Procedural Posture
Contempt Petition (c) No. 34/2016 in Writ Petition (criminal) No. 5/2015 / Hearing on Compliance With Court Order and Interlocutory Applications
Outcome
Interlocutory applications disposed; directions issued continuing and supplementing earlier order dated 24.04.2020; matter listed for compliance reporting.
Legal Topics
Memorandum of Settlement, License Renewal, EDC Liability, One Time Settlement Scheme, Interlocutory Applications, Compliance Orders
Contempt of Court Contract Land Development Administrative Law Memorandum of Settlement License Renewal EDC Liability One Time Settlement Scheme +2 more

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Parties

Ashish Seth

Petitioner

Sumit Mittal and Others

Respondent

Procedural Posture

Contempt Petition (c) No. 34/2016 in Writ Petition (criminal) No. 5/2015 / Hearing on Compliance With Court Order and Interlocutory Applications

Legal Issues

  1. 1 Whether the Mittal Group willfully disobeyed the Memorandum of Settlement dated 04.05.2015 and this Court's order dated 24.04.2020
  2. 2 Allocation of liability for license renewal fees between Seth Group and Mittal Group pursuant to the MOS
  3. 3 Obligations of the parties to opt for and pay EDC liability under the new One Time Settlement scheme 'Samadhan Se Vikas' and timeline for renewal of licenses

Ratio Decidendi

The Court held that on a conjoint reading of the MOS dated 04.05.2015 and its earlier order dated 24.04.2020 the Mittal Group had been directed to renew license Nos. 34, 35 and 36 of 2007 and that liabilities for license renewal fees are to be apportioned: Seth Group liable for proportionate share relating to its 14.80 acres plus half the liability of PAL/ORS/Heritage, with Mittal Group liable for the balance; the Court directed Mittal Group to apply for renewal within two weeks and required both groups to pay their respective renewal fees within two weeks, to file undertakings to opt for the DTCP One Time Settlement scheme and to complete renewal within eight weeks, warning that...

Court Disposition

Interlocutory applications disposed; directions issued continuing and supplementing earlier order dated 24.04.2020; matter listed for compliance reporting.

Orders

  • Mittal Group to apply for renewal of license Nos. 34, 35 and 36 of 2007 within two weeks if not already applied
  • Seth Group to pay renewal license fees proportionate to its 14.80 acres and 1/2 of PAL/ORS/Heritage liability; Mittal Group to pay balance renewal fees