SHARMA SALES CORPORATION AND ORS. vs DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEV. CORP. LTD. (DSIIDC)

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 08.01.2025 + W.P.(C) 308/2020, CM APPL. 904/2020 SHARMA SALES CORPORATION AND ORS. .....Petitioners Through: Mr. A. Maitri, Ms. Radhika Chandrasekhar, Advocates versus DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEV. CORP. LTD. (DSIIDC) .....Respondent Through: Mr. Anuj Chaturvedi, Advocate CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed inter alia seeking the following prayers: “(i) To quash the Respondent's letters no. DSIIDC/RL/Appl. No. 9487/2019/2266 dated 07.08.2019 and letter no. DSIIDC/RL/Appl. No. 9487/2019/809 dated 06.11.2019 and to direct the Respondent/DSIIDC to handover the possession of the plot No. 464 (150 sq. mtr) in Sector - H at Bawana – II (Bhorgarh) to the Petitioner Firm.” 2. The grievance of the Petitioners is that although the Petitioners have deposited the entire payment for the possession of an industrial plot No. 464 (150 sq. mt.) in Sector-H at Bawana-II [hereinafter referred to as “subject property”], the possession has not been handed over by the Respondent. 3. Learned Counsel appearing on behalf of the Petitioners submits that the Petitioner No. 1 was originally a partnership firm comprising of two partners i.e., Shri Ami Chand Sharma [father] and Mr. Mahesh Kumar Sharma [son]. He seeks to rely upon a Partnership Deed dated 12.07.1974 in Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:11.01.2025 W.P.(C) 308/2020 Page 1 of 3 06:54:51 this regard. 3.1 It is contended that thereafter one of the partners Shri Ami Chand Sharma] died and the partnership continued with Mr. Mahesh Kumar Sharma, who was the original partner and Mr. Manish Sharma, grandson of Shri Ami Chand Sharma. 3.2 Learned Counse