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2001 Supreme(Del) 343

MANMOHAN SARIN
SAGAR VIDEO INTERNATIONAL – Appellant
Versus
NEW DELHI MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
AMIT BANSAL, K.P.KAPUR

Manmohan Sarin

( 1 ) WITH the consent of the parties writ petition is taken upfor disposal.

( 2 ) PETITIONER, a licensee of a shop bearing No. 6, Palika Parking Opposite Regal cinema, New Delhi filed this writ petition seeking a writ of prohibition against the respondent from disconnecting the Supply to electric connection No. 169204. Petitioner also sought 21 writ of mandamus with direction to the respondent to renew the lease in respect of the petitioner s shop for further period on the existing licence fee within escalation of 15%.

( 3 ) THE controversy in the writ petition revolves around Clause-1 of the licence, which reads as under :

"that the licence shall be for a period of 5 years w. e. f. 17. 8. 1991 and there- after it shall be the entire discretion of the licensor to extend or not to ex- tend the period of licence. In case it is decided by the licensor that the licence be renewed/extended it shall be renewed/extended for a further period of 5 years from the day following the date on which the term of the licence expires at a licence fee calculated at the rate of licence fee payable under the present licence plus its 15% (or by the percentage as applicable under the policy






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