HP High Court adjournes Wildflower case, next hearing on November 24

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Legal Correspondent

Shimla, November 21

The HP High Court today adjourned the hearing on an application filed by the EIH Limited (Hotel Wildflower Hall) for November 24. During the course of hearing, the counsel for the state government submitted before the court that advocate Dhruv Mehta would argue the case, but he was not available due to his pre-occupation today.

On this, the court listed the matter for further hearing on November 24 with a liberty to parties to join the proceedings through video conference.

Justice Satyen Vaidya passed this order on an application filed by the EIH limited alleging therein that the state government in a haste manner appointed the administrator for taking over the possession of the Hotel Wildflower Hall at Chharabra being run by the Oberoi group on November 17, 2023, in violation of the order passed by the court.

It was further contended that on November 17, 2023, after hearing the parties in the execution petition, the court has given direction to the state to reveal its option by December 15, 2023, that whether it intends to resume the property by taking its possession in terms of the award passed by the arbitrator qua the running of the hotel and listed the petition for compliance on December 15 for informing the court about its option.

It was alleged in the petition that without waiting for the next date, the state has appointed the administrator for taking up the possession of the hotel in an illegal manner.

In its earlier order, the court had stayed the operation and execution of the state government’s executive order whereby it had appointed administrator for taking over the possession of the hotel and listed the matter for today for the response of the state government.

Today during the course of hearing the counsel for the state government informed the court that the reply to the application will be filed before the registry of the court today itself.

On November 17, 2023, the court has specifically ordered: “Since, the award grants right to the state to resume and take possession of the property immediately on non-compliance of the obligation by EIH and others (claimant No. 1) within the stipulated period and such option has been reserved in the favour of the state government, it is for the government to decide on its option and in case it so desires, it is free to resume and take possession of the property immediately. In case the state government does not choose to avail such option, the EIH is to take steps with respect to cancellation of conveyance deed dated February 6, 1997, and updation of revenue records of rights and thereafter to immediately take steps for execution of lease deed.