M/S YATRA ONLINE PRIVATE LIMITED Vs UNION OF INDIA & ORS.
W.P.(C) 1168 /2021 Page 1 of 2
$~73.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on : 29th January, 2021
+ W.P.(C) 1168/2021
M/S YATRA ONLINE PRIVATE LIMITED ….. Petitioner
Through: Ms.Ashwini Chandrasekaran, Adv.
Versus
UNION OF INDIA & ORS. ….. Re spondent s
Through: Mr.Harpreet Singh, Sr.Standing
Counsel with Ms.Suhani Mathur, Adv.
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
C.M.No. 3286 /2021 (exemptions)
Allowed, subject to all ju st exceptions.
1. This writ petition has been preferred with the following prayers: – W.P.(C) No. 1168 /2021
“(i) Issue a writ of mandamus directing the
Respondents ( No. 1 -3) to refund the amount of
INR.2,50,00,000/ – illegally collected retained
without the issu ance of show cause notice;
(ii) Issue a writ of mandamus directing the
Respondents (No. 1 -3) grant interest at the rate of
18% on refund of amount illegally collected and retained, from the date of collection till the date of
payment;
(iii) Issue a writ of prohibition restraining the
Respondents from initiating any coercive action
against the Petitioner till the disposal of the writ
petition.
2021:DHC:351-DB
W.P.(C) 1168 /2021 Page 2 of 2
(iv) Pass any other order(s) as this Hon’ble Court may
deem fit and more appropriate in order to grant
relief to th e petitioner. ”
2. Learned counsel for the petitioner submit s that suffice it would be for
the disposal of this writ petition, if a suitab le direction is issued to
respondent No.3 to treat this writ petition as a representation for refund of an
amount of Rs.2, 50,000,00/ – and the same be directed to be decided in
accordance with law , within a time bound schedule.
3. Having heard the learned counsel for the parties and in view of the
limited submission made by learned counsel for the petitioner, we direct respondent No.3 to treat this writ petition as a representation and decide the
claim of the petitioner for refund of the amount as stated in the prayer clause, in accordance with law, Rules, Regulations and Government P olic ies
applicable to the facts of the case and on the basis of evidence on record,
after giving adequate opportunity of being heard to the concerned parties. Decis ion shall be taken by respondent No.3 as expeditiously as possible and
practicable. While deciding the claim of the petitioner , respondent No. 3
shall also consider the question of payment of interest on the principal amoun t, in accordance with law .
4. With these observations, writ petition is disposed of.
CHIEF JUSTICE
J YOTI SINGH, J
J ANUARY 29, 2021
‘anb’
2021:DHC:351-DB