The Director, Housing Ii, Delhidevelopmentauthority vs. Corporation Bank And Ors
Held
The Court held that the observations made by the Learned Single Judge in the interim order would not prejudice the parties in arguing the matter finally. The Court opined that all grounds raised by the DDA in the present LPA could be raised before the Learned Single Judge. The Court found that the matter could be looked into by the Learned Single Judge, and the interim observations would not prevent the parties from arguing their case on merits. Therefore, the present LPA was disposed of with the direction that the parties could raise all their contentions before the Learned Single Judge.
Facts
The Delhi Development Authority (DDA) filed an LPA against an order dated March 25, 2021, passed by a Learned Single Judge in a writ petition. The original writ petition was filed by Corporation Bank, aggrieved by the computation of interest related to a DDA Flat (Low Income Group Flat). The Learned Single Judge had directed the DDA to submit a fresh computation and made observations regarding the allottee's entitlement to deductions, including a 50% OTM refund excluding GST. The DDA contended that these observations in the interim order should not prejudice their case. The present LPA was filed to address the grounds raised by the DDA.
Key Issues
1. Whether the observations made by the Learned Single Judge in an interim order, concerning the computation of interest and entitlement to deductions (including 50% OTM refund excluding GST), would prejudice the final decision on the merits of the case. Petitioner's Argument (DDA): The DDA argued that the observations made by the Learned Single Judge in the interim order, particularly regarding deductions and interest computation, could prejudice their final arguments. They sought to ensure that these interim observations would not impede their ability to argue the matter fully before the Learned Single Judge. Respondent's Argument (Corporation Bank): The judgment does not record any specific arguments made by the respondent bank in this LPA.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R %
2022
The LPA has been filed by the Delhi Development Authority (DDA) being aggrieved by the order dated 25.03.2021 passed in W.P.(C) 8106/2019 titled Corporation Bank Vs. The Director, Housing-II Delhi Development Authority And Ors.
The facts of the case reveal that the Petition has been preferred by the Petitioners before this Court being aggrieved by the computation of interest in the matter of DDA Flat (Low Income Group Flat). The Learned Single Judge has simply directed the DDA to submit fresh computation in the matter. The Learned Single Judge has certainly observed in Paragraphs 3 and 4 of the impugned order that the Allottee is entitled for certain deductions like 50 per cent O
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