Indraprastha Logistics Privat Limited vs. Government Of Nct Of Delhi And Anr.
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The petitioners, including Antony Road Transport Solutions Pvt. Ltd. and others, challenged the unilateral increase in entry fees per bus per entry from Rs. 60 to Rs. 125 by the respondents (Government of NCT of Delhi and others). An interim order dated October 14, 2019, directed that only the amounts stipulated in the Concession Agreement (Rs. 60 per bus per entry) would be deducted from the petitioners' bills. Subsequently, the respondents deposited Rs. 68,35,251/- before the High Court Registry. The applications sought the release of this deposited amount. Separately, the legality of GST levied by the respondents on the petitioners was also raised as an issue.
Held
The Court directed the Registry to release the amount of Rs. 68,35,251/- deposited by the respondents, along with any accrued interest, in favour of the petitioners. This was done without prejudice to the rights and contentions of the parties in the ongoing arbitration proceedings. Regarding the issue of GST levy, the Court held that it was not inclined to adjudicate this matter in the present proceedings. Liberty was granted to the petitioners to file a fresh writ petition if they succeed in the GST issue pending before the Division Bench, or alternatively, to approach the Arbitral Tribunal. The writ petitions were disposed of with these directions.
Key Issues
1. Whether the petitioners are entitled to the release of the amount deposited by the respondents before the High Court Registry, considering the interim order directing deduction of entry fees at the rate of Rs. 60 per bus per entry? 2. Whether the High Court should adjudicate the issue relating to the levy of GST on parking charges, including 'Adda Fees/Entry Charges', in the present writ proceedings? Petitioner's Arguments: The petitioners argued that they are entitled to the release of the deposited amount as per the interim order. Regarding GST, they contended that this issue is pending adjudication before a Division Bench of the High Court. Respondents' Arguments: The respondents submitted that there are ongoing arbitration proceedings where counterclaims have been raised against the petitioners. They disputed the petitioners' submission regarding the GST issue being pending before the Division Bench and suggested that the issue of GST could be raised by the petitioners in the ongoing arbitration proceedings.
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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 23/01/2026 at 12:37:52 Ms. Vaishali Gupta, panel counsel for GNCTD with Mr. Kartik Sharma, Advocate. Mr. Arun K. Sharma and Mr. Amiet Andlay, Advocates for DTIDC. 20. + W.P.(C) 8846/2019, CM APPL. 36529/2019 & CM APPL. 54929/2019 METRO TRANSIT PVT. LTD. .....Petitioner Through: Mr. Sushil Dutt Salwan, Senior Advocate with Mr. Arjun Garg, Advocate. versus GOVERNMENT OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Sameer Vashisht, standing counsel for GNCTD with Mr. Swapan Singhal, Advocate (through VC). Mr. Arun K. Sharma and Mr. Amiet Andlay, Advocates for DTIDC. 21. + W.P.(C) 8850/2019, CM APPL. 36536/2019, CM APPL. 55136/2019 & CM APPL. 13935/2025 GOVERDHAN TRANSPORT CO. PVT. LTD. .....Petitioner Through: Mr. Sushil Dutt Salwan, Senior Advocate with Mr. Arjun Garg, Advocate. versus GOVERNMENT OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Sameer Vashisht, standing counsel for GNCTD with Mr. Swapan Singhal, Advocate (through VC). Mr. Arun K. Sharma and Mr. Amiet 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 23/01/2026 at 12:37:52 Andlay, Advocates for DTIDC. 22. + W.P.(C) 9438/2019 & CM APPL. 38825/2019 A. B GRAIN SPIRITS PVT. LTD. AND ANR. .....Petitioners Through: Mr. Tanmay Mehta, Mr. Ankit Virmani and Ms. Malvikaa Arya, Advocates. versus GOVERNEMNT OF NCT OF DELHI DEPARTMENT OF TRANSPORT AND ANR. .....Respondents Through: Mr. Sameer Vashisht, standing counsel for GNCTD with Mr. Swapan Singhal, Advocate (through VC). Mr. Arun K. Sharma and Mr. Amiet Andlay, Advocates for DTIDC. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 19.01.2026 CM APPL. 13945/2025 in W.P.(C) 8842/2019 CM APPL. 55136/2019 in W.P.(C) 8850/2019
These applications have been filed on behalf of the petitioners seeking 2. release of amount of Rs.68,35,251/- deposited by the respondents before the Registry of this Court in terms of the order passed on 11th February, 2025. 3. It is the case of the petitioners that in terms of the Concession Agreement, an entry fee of Rs.60/- per bus per entry was payable, which was unilaterally increased by the respondents to Rs.125 per bus per entry.
By an interim order dated 14th October, 2019, this Court had directed 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 23/01/2026 at 12:37:52 that only the amounts stipulated in the Concession Agreement shall be deducted from the bills of the petitioners, i.e. that the petitioners would be liable to pay entry fees at the rate of Rs.60 per bus per entry.
In the order passed on 16th January, 2025, it was noted that the respondent no.2 has carried out the process of verification of the amounts.
Mr. Sameer Vashisht and Mr. Amiet Andlay, counsel appearing on behalf of the respondents, submit that there are ongoing arbitration proceedings between the petitioner and the respondents in terms of which counter claims have been raised by the respondents on the petitioner.
In view of the above, without prejudice to the rights and contentions of the parties in the arbitration proceedings, the Registry of this Court is directed to release the amounts deposited by the respondents in favour of the petitioners along with accrued interest, if any.
The applications stand disposed of accordingly. W.P.(C) 8842/2019, W.P.(C) 10343/2019, W.P.(C) 8846/2019, W.P.(C) 8850/2019& W.P.(C) 9438/2019
In light of the order passed above, the only outstanding issue is with regard to the legality of the GST levied by the respondents on the petitioners.
Mr. Sushil Dutt Salwan, senior counsel appearing on behalf of the petitioner in W.P.(C) 8842/2019, W.P.(C) 8846/2019 and W.P.(C) 8850/2019, submits that the issue with regard to levy of GST on parking charges which would also include ‘Adda Fees/Entry Charges’ is pending adjudication before the Division Bench of this Court.
Per contra, counsel for the respondents disputes the aforesaid submission. It is further submitted that the issue of GST can be raised by the 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 23/01/2026 at 12:37:52 petitioners in the ongoing arbitration proceedings.
Be that as it may, I am not inclined to adjudicate the issue relating to GST in the present proceedings.
Liberty is given to the petitioners to file a fresh writ petition in the event the petitioners succeed in the issue with regard to GST which is stated to be pending adjudication before the Division Bench.
Alternatively, liberty is also given to the parties to approach the Arbitral Tribunal in this regard.
The writ petitions stand disposed of with the aforesaid directions. AMIT BANSAL, J JANUARY 19, 2026 Rzu 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 23/01/2026 at 12:37:52
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