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2014 Supreme(Del) 1309

RAJIV SAHAI ENDLAW
GESTURE HOTELS AND FOOD – Appellant
Versus
NEW DELHI MUNICIPAL COUNCIL – Respondent


Advocates Appeared:
Mr. Arvind K. Nigam, Sr. Adv. with Mr. Abhijat, Mr. Manish Sangwan & Mr. Mayank Wadhwa, Advs.
Mrs. Rachna Golcha & Ms. Monisha Handa, Advs.

JUDGMENT : -

RAJIV SAHAI ENDLAW, J.

Caveat No.397/2014

1. The counsel for the respondent NDMC / caveator appears.

2. The caveat stands discharged.

CM No.7825/2014 (for exemption)

3. Allowed, subject to just exceptions.

4. The application is disposed of.

FAO (OS)219/2014 & CM No.7824/2014 (for stay)

5. We have, with consent, heard the counsels finally at the stage of admission only.

6. The appeal impugns the order dated 22.04.2014 of the learned Single Judge of this Court (exercising Ordinary Civil Jurisdiction) of dismissal of the application filed by the appellant / plaintiff for interim relief in CS(OS) No.1914/2012. The suit filed is, a) for the relief of specific performance by directing renewal / extension of the licence granted by the respondent / defendant to the appellant / plaintiff vide Licence Deed dated 24.09.2002; and, b) for declaration of the letter dated 28.06.2012 issued by the respondent / defendant to the appellant / plaintiff of rejection of the request of the appellant / plaintiff for renewal / extension of the licence as void ab-initio I; and, c) for permanent injunction restraining the respondent / defendant from dispossessing the appellant/plaintiff from the licenced




























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