"This court has not expressed any opinion on the claims," the judge said. (File)
The Delhi High Court Friday said that businessman Navneet Kalra, an accused in the case of alleged black marketing of oxygen concentrators during the second wave of the COVID-19, was free to assail in accordance with law the cancellation of the registration certificate to run his restaurants ''Khan Chacha'' and ''Town Hall'' in upscale Khan Market. Justice Rekha Palli, who was hearing Kalra's petition challenging a show-cause notice and order suspending the registration certificate, clarified that she was not expressing any opinion on the claims made in his plea.
"It will be open to the petitioner (Kalra) to assail the order in accordance with law. This court has not expressed any opinion on the claims," the judge said.
Kalra's counsel Gurinder Pal Singh submitted that the registration certificate was cancelled by the authorities by an order dated July 23 and nothing survived in the petition.
Kalra had challenged the May 11 order-cum-show cause notice issued by the Joint Commissioner of Police (Licensing) and the subsequent suspension of the registration certificate to run the two eateries in Khan Market here.
In its status report, the Licencing Unit of Delhi Police informed that it cancelled the registration certificate for ''Khan Chacha'' and ''Town Hall'' following the recovery of several illegally kept oxygen concentrators from there.
The Licencing Unit said, "96 boxes of oxygen concentrators were recovered from subject entity i.e. M/s Khan Chacha restaurant, Khan Market which were kept illegally in the subject restaurant" and that "DCP, Crime Branch, Delhi Police intimated that Navneet Kalra was arrested on May 17, 2021".
It also informed that nine oxygen concentrators were found at Town Hall as well.
The Licencing Unit thus asserted that Kalra's claim of not having violated the terms and conditions of the registration certificate was found to be not convincing and satisfactory as closure of the restaurant did not entitle him to utilise it for illegal activities.
In his plea, the businessman had contended that the suspension was illegal and contrary to the provisions of the Delhi Eating houses Registration Regulations as it did not confer power of suspension at the stage of issuance of a show cause notice.
Kalra said that there was no provision to suspend registration certificate merely on the ground of registration of FIR.
The order of suspension is also bad as recovery of oxygen concentrators made from the restaurant premises is no ground nor is it given as a ground for suspension of licence. The order of suspension adversely affects the business, reputation and livelihood of all employees working in the restaurant, the plea said.
Kalra was granted bail in the alleged black marketing case on May 29.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)