Delhi HC to hear Orris Infrastructure vs Godrej Properties

14 Jun 2024 CW Team

The Delhi High Court is now hearing arguments from two developers on a housing project in the city, and the justices must decide who should hear the case first. The Delhi Police's Economic Offences Wing (EOW) filed a formal complaint (FIR) against Godrej Properties and its senior management in relation to Godrej Air, following the orders of a capital court. In its court filing, Orris Infrastructure, the plaintiff, stated that Godrej Properties was only required to pay Rs 0.37 billion for the 10 acres of land needed for the project by September 2022, although the latter was meant to pay Rs 2.02 billion. Sections 406 (criminal breach of trust), 420 (cheating), and 120B (criminal conspiracy) of the IPC are cited in the EOW case. After reviewing Orris's appeal, the chief metropolitan magistrate (south-west) of Dwarka, Rajat Goyal, issued an order on May 28 registering the FIR and requiring that a compliance report be given to the court. The next day, the case was filed. Godrej Properties subsequently initiated legal proceedings in the Delhi High Court to challenge the lower court's order. Following a hearing involving both parties, Judge Dinesh Kumar Sharma observed on June 7: "This court considers that this case falls within the category of rarest of rare cases, where the documents filed indicate the jurisdiction of the courts in Gurgaon. The learned Chief Metropolitan Magistrate (CMM) has passed an order for the registration of an FIR despite noting that the investigation agency reported that the alleged offence had been committed within the jurisdiction of Gurgaon and the complaint had been sent to Gurgaon." The court issued a stay on any coercive action in the case until the next hearing, scheduled for July 11. Counsel for Godrej Properties argued that the lower court had mechanically passed the order without possessing territorial jurisdiction. On the other hand, counsel for Orris argued that various meetings between both parties had occurred in Delhi, which fell within the territorial jurisdiction of the Dwarka court.

The Delhi High Court is now hearing arguments from two developers on a housing project in the city, and the justices must decide who should hear the case first. The Delhi Police's Economic Offences Wing (EOW) filed a formal complaint (FIR) against Godrej Properties and its senior management in relation to Godrej Air, following the orders of a capital court. In its court filing, Orris Infrastructure, the plaintiff, stated that Godrej Properties was only required to pay Rs 0.37 billion for the 10 acres of land needed for the project by September 2022, although the latter was meant to pay Rs 2.02 billion. Sections 406 (criminal breach of trust), 420 (cheating), and 120B (criminal conspiracy) of the IPC are cited in the EOW case. After reviewing Orris's appeal, the chief metropolitan magistrate (south-west) of Dwarka, Rajat Goyal, issued an order on May 28 registering the FIR and requiring that a compliance report be given to the court. The next day, the case was filed. Godrej Properties subsequently initiated legal proceedings in the Delhi High Court to challenge the lower court's order. Following a hearing involving both parties, Judge Dinesh Kumar Sharma observed on June 7: This court considers that this case falls within the category of rarest of rare cases, where the documents filed indicate the jurisdiction of the courts in Gurgaon. The learned Chief Metropolitan Magistrate (CMM) has passed an order for the registration of an FIR despite noting that the investigation agency reported that the alleged offence had been committed within the jurisdiction of Gurgaon and the complaint had been sent to Gurgaon. The court issued a stay on any coercive action in the case until the next hearing, scheduled for July 11. Counsel for Godrej Properties argued that the lower court had mechanically passed the order without possessing territorial jurisdiction. On the other hand, counsel for Orris argued that various meetings between both parties had occurred in Delhi, which fell within the territorial jurisdiction of the Dwarka court.

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