Hotel auction in legal tangle as Tatas move high court

04/05/2018

The proposed auction of Delhi’s iconic Taj Mahal Hotel has once again landed in a legal wrangle, with current owner, the Tata Group-owned Indian Hotel’s Company Ltd (IHCL), challenging the procedure in Delhi high court.

A bench of justices S Ravindra Bhat and A K Chawla on Thursday heard arguments on behalf of IHCL and the New Delhi Municipal Council, which is conducting the auction, and reserved its order. IHCL argued that the bid conditions finalised by NDMC had failed to take into account the order passed by Supreme Court on the matter in April 2017.

Senior advocate Abhishek Manu Singhvi told the bench that the Supreme Court had asked NDMC to consider the good track record of IHCL’s 33-year association with the property while taking a final call on leasing the hotel, but NDMC’s conditions didn’t reflect these. IHCL also questioned the revenue sharing model in the tender document prepared by NDMC and argued that the civic agency stood to lose money if the auction went through.

However, NDMC, through senior advocate Sanjay Jain and standing counsel Akshay Makhija, pointed out that the bid conditions contained provisions for a minimum guaranteed sum payable and making only entities with a turnover of at least Rs 200 crore eligible for the bidding. Jain told the court that the tender conditions were actually favourable to IHCL because like any other bidder, if it won, the new contract would start only after six months, allowing it to continue running the hotel till then.

While allowing NDMC to go ahead with the e-auction, Supreme Court justices P C Ghose and R F Nariman directed the civic body to grant six months’ time to IHCL to vacate the premises in case it lost the bid.

The property, owned by NDMC, was given to to IHCL on lease in 1978. The company undertook construction of the hotel building, consisting of approximately 300 rooms, and started commercial operations in October of that year.

The 33-year lease expired in 2011, though IHCL got several temporary extensions.

Source:-https://timesofindia.indiatimes.com/city/delhi/hotel-auction-in-legal-tangle-as-tatas-move-high-court/articleshow/64021506.cms?from=mdr

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