GURUGRAM: A authorized battle between two builders over a housing venture within the metropolis has ended up earlier than the Delhi high court, leaving the judges with a call first to make on who ought to hear it.

On the instructions of a court docket within the capital, Delhi Police’s financial offences wing (EOW) filed an FIR towards Godrej Properties and its high administration in reference to Godrej Air. The complainant, Orris Infrastructure, claimed in its plea earlier than the court docket that Godrej Properties was presupposed to pay Rs 202 crore for 10 acres of land for the venture by Sept 2022 however had up to now paid solely Rs 37 crore.

The EOW case invokes sections 406 (legal breach of belief), 420 (dishonest) and 120B (legal conspiracy) of the IPC. On Could 28, the court docket of chief metropolitan Justice of the Peace (south-west) Dwarka, Rajat Goyal, after listening to the petition filed by Orris, ordered the FIR registered and a compliance report despatched to the court docket. The case was filed the following day.

Godrej Properties subsequently moved Delhi excessive court docket to quash the decrease court docket’s order. After listening to each events, the court docket of Decide Dinesh Kumar Sharma on June 7 noticed, “This court docket considers that this case falls throughout the class of uncommon of rarest case the place the paperwork filed present the jurisdiction of the courts in Gurgaon and discovered CMM has handed an order for registration of FIR regardless of noting that the investigation company reported that the offence alleged has been dedicated throughout the jurisdiction of Gurgaon and the criticism has been despatched to Gurgaon”.

The court docket stayed any coercive motion in case until the following listening to, which is scheduled on July 11.

The counsel for Godrej Properties argued that the decrease court docket had handed the order mechanically with out having territorial jurisdiction. The counsel for Orris, nevertheless, argued that completely different conferences between each events had taken place in Delhi, which was throughout the territorial jurisdiction of the Dwarka court docket.

A spokesperson for Orris instructed TOI on Wednesday, “The corporate had given its 10 acres to Godrej for development and in flip was to get Rs 200 crore by Sept 2022. As an alternative of giving a reimbursement to Orris, the builder siphoned off the cash and purchased a parcel of land of 14 acres adjoining to the venture. On this case, an FIR was registered towards Godrej.”

A spokesperson for Godrej Properties accused Orris of attempting to trigger reputational harm to it. “That is an try by Orris to break the popularity of Godrej Properties by repeating allegations which have already been investigated by related businesses and located to be baseless. Upon studying of this motion, we have now instantly taken acceptable authorized recourse and the Delhi Excessive Court docket, primarily based on full info positioned by us, has handed an order granting keep. Accordingly, the matter is now sub-judice. We’re absolutely assured of our bona fides, sit up for having these claims rejected as soon as once more, and to taking appropriate authorized motion to forestall the recurrence of such defamatory and legal claims in future,” the spokesperson mentioned on Wednesday.