Delhi High Court Asks Delhi Govt To Seek Instructions on Businessman Navneet Kalra's Plea Challenging Suspension Of His Restuarants

The Delhi High Court on Tuesday asked the Delhi Government to seek instructions on pleas filed by businessman Navneet Kalra challenging the order cum show cause notice suspending the registration certificates of his restaurants, Khan Chacha and Townhall.

A single judge bench comprising of Justice Rekha Palli granted time to the Delhi Government to seek instructions after hearing Senior Advocate Maninder Singh appearing for Kalra and Advocate Santosh Kumar Tripathi, standing counsel for the GNCTD.

Kalra had approached the High Court assailing an order cum show cause notice issued by the Joint Commissioner suspending the registration certificates of the restaurants.

During the course of hearing, Singh submitted before the Court that the order cum show cause notice shows that the only reason given for Suspension is that an FIR was registered against Kalra and that in such a manner, the terms and conditions of registration certificate are violated.

"The impugned order is totally ultra vires and passed without Jurisdiciton." Singh argued.

Reliance was therefore placed on Sec. 141 of the Delhi Police Act which provides that any licence or written permission granted under the Act may at any time be suspended or revoked by the competent authority if any of its conditions or restrictions are infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence with respect to any matter to which such licence or permission relates.

Reliance was also placed on the Bombay High Court judgment in Dilip J Bhatia v. Commissioner of Police (2000) to argue that apart from the said provision, in no other situation the said power of cancellation of licence can be exercised in law.

Hearing this, Justice Rekha Palli asked Tripathi as to why a final decision regarding the matter had not been taken yet.

"What is this? You have to reply and deal with it. It's admitted that he's not convicted today. You compel people to come here. These are two writs. He wants to run them, pass an order. You know the legal position, deal with it." Justice Palli remarked.

Taking note of the fact that no reply was filed in the matter on behalf of the respondents, the Court granted time for seeking instructions while posting the matter for further hearing in next week.

Navneet Kalra arrested in connection with Oxygen Concentrators Hoarding case, was granted bail by a Delhi Court in May. Court had granted bail to Kalra subject to furnishing of personal bond of two sureties each of Rs. 1 lakh.

Furthermore, the Court has also imposed additional conditions on Kalra not to contact the customers to whom he had sold the concentrators, not to tamper with evidence or influence the witnesses and that he will join the investigation whenever required.

The Delhi Police had registered a case under Sec. 420,188,120B,34 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodity Act 1955 for recovery of over 500 oxygen Concentrators from some restaurants in the national capital.

Title: NAVNEET KALRA v. ADDITIONAL COMMISIONER OF  POLICE, LICENSING, DELHI & ANR