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2015 Supreme(Del) 870

MUKTA GUPTA
JAYGEE HOSPITALITY SERVICES – Appellant
Versus
PVR LIMITED – Respondent


Advocates:
Advocate Appeared:
Mr. Vibhore Bagga
Mr. Sanjay Poddar, Aman Nandrajog and Mr. Govind Kumar

Judgment

Mukta Gupta, J.

CM No. 1223/2015 (for exemption) Allowed, subject to all just exceptions.

C.R.P. 9/2015 and CM No. 1222/2015 (for stay)

1. The petitioner is aggrieved by the order dated 23rd December, 2014 whereby his application under Order 39 Rules 1 and 2 CPC was dismissed, which order of the learned Senior Civil Judge-cum-Rent Controller has been upheld by the learned Additional District Judge on 15th January, 2015 which is impugned in the present petition.

2. Undisputed facts are that the petitioner is the licensee of the respondent since 15th June, 2011 for a kiosk/space in the food court. The leave and license was reduced to writing in this regard on 9th January, 2012 for a period of three years, which expired on 15th June, 2014. Thereafter, instead of extending the license for a further period of three years, till 15th June, 2017, the respondent issued an e-mail dated 1st December, 2014 with an attachment of notice of termination of licence. The petitioner filed a suit seeking declaration that the termination notice was null and void and for permanent and mandatory injunction, wherein the application under Order 39 Rules 1 and 2 CPC was filed, which was dismissed vide o














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