Sanjeev Sachdeva, J.

IA No. 11822/2012 (under Order 39 Rule 1 & 2 CPC)

1. On 6.3.2014, arguments on the above application under Order 39 rule 1 and 2 were heard and order was reserved. However, on account of a typographical error, in the order sheet, IA No. was shown as 11823/2013.

2. The plaintiff has filed the present suit for specific performance and permanent injunction in respect of premises allotted to the plaintiff at Akbar Bhawan Annexe, Chanakya Puri, New Delhi. The case of the plaintiff is that the plaintiff was allotted the premises ground/lower ground floor at Akbar Bhawan Annexe, Chanakya Lane, New Delhi by the New Delhi Municipal Corporation (NDMC) for running a restaurant-cum-banquet hall and allied trade.

3. As per the plaintiff, on 30.05.2002 notice inviting tender was issued by NDMC for 9657 sq. ft. space under the category of office spaces/shops/stalls etc. Mr. Devraj, the erstwhile Director of the plaintiff company, offered a rate of Rs. 36.99 per sq. ft. for the purposes of restaurant-cum-banquet hall and allied trade.

4. The case of the plaintiff is that the offer made by the plaintiff was considered and put up before the Chairman, NDMC, who approved