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2025 DAILYLAW 35172 (DEL)

THE MOTOR & GENERAL FINANCE LTD v. NEW DELHI MUNICIPAL COUNCIL

W.P.(C)/6064/2017 · 2025-02-07

Jyoti Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6064/2017 THE MOTOR & GENERAL FINANCE LTD .....Petitioner Through: Mr. Anil Sapra, Senior Advocate with Mr. Sunil Magon, Advocate. versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Ms. Kanika Singh, Advocate. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 03.03.2025 CM APPL. 10911/2025 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. REVIEW PET.91/2025 3. This review petition is preferred on behalf of the Petitioner seeking review of order dated 07.02.2025 to the extent of permitting the Petitioner to file an appeal before the Appellate Forum within 30 days from the date of disposal of this writ petition as also to deposit the tax demanded for the base year only for the purpose of adjudication of the appeal in light of the judgment of the Division Bench of this Court in Ved Marwah v. New Delhi Municipal Council (NDMC) and Ors., 2018 SCC OnLine Del 8096 . 4. Issue notice. 5. Ms. Kanika Singh, learned counsel accepts notice on behalf of NDMC. W.P.(C) 6064/2017 page 1 of 2 This is a digitally signed order. 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 05/03/2025 at 14:59:21 6. Having heard learned Senior Counsel for the Petitioner and counsel for NDMC, order dated 07.02.2025 is modified to the extent that Petitioner is granted liberty to file an appeal against the impugned Assessment Order dated 30.05.2017 and impugned tax bill dated 12.06.2017 within 30 days from today. In case the appeal is filed within 30 days, the Appellate Forum will take into consideration the fact that this writ petition was filed in 2017 and has been pending in this Court, while deciding the question of delay in filing the appeal. It is further directed that till the appeal is taken up for consideration by the Appellate Forum, no coercive action will be taken by NDMC and thereafter it shall be open to the concerned Court to continue, vacate, vary or modify the order. Petitioner will deposit the disputed tax in respect of the base year assessment and once the same is deposited, the Appellate Court will proceed to hear the appeal in light of the judgment of the Division Bench in Ved Marwah (supra). 7. Review petition stands disposed of in the aforesaid terms. JYOTI SINGH, J MARCH 3, 2025 B.S. Rohella W.P.(C) 6064/2017 page 2 of 2 This is a digitally signed order. 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 05/03/2025 at 14:59:21