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2017 Supreme(Del) 4350

S.P.GARG
C. J. International Hotels Ltd. – Appellant
Versus
N. D. M. C. – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Amarjit Singh Chandhiok, Sr.Advocate with Mr. Neeraj Kishan Kaul, Sr.Advocate with Mr. M.S.Chandhiok, Mr. Shiv Sapra, Ms. Neha Mehta, Ms. S.Seth, Ms. Shruti Sharma & Mr. A.Gupta, Advocates.
For the Defendant :Mr. Sanjay Jain, ASG with Mr. Yoginder Handoo, Mr. Akshay Makhija, Ms. Rhea Varma, Mr. Nikhil Bhat & Mr. Vidur Mohan, Advocates

JUDGMENT :

S.P.GARG, J.

IA 8454/2017 (u/S 141 and 151 CPC)

1. The instant application has been filed by the plaintiffs to stay operation of the letters dated 17.02.2016, 07.11.2016, 09.11.2016, 02.03.2017 and 12.07.2017 issued by the defendant No.1 to restrain the defendants from taking coercive steps or to interfere with the possession of the plaintiffs over the land and building in question in any manner whatsoever. The application is contested by the defendant No.1.

2. Briefly stated, the facts of the case are that the plaintiffs have filed the instant suit inter alia seeking specific performance and injunctions against the defendants. By an order dated 18.05.2001, this Court restrained defendant No.1 from interfering with the possession of the plaintiffs in any manner and from disconnecting, withholding any amenities including water and/or electricity on the plaintiffs paying the licence fee in terms of the said order. Order reveals that FAO (OS) 310/2001 to challenge order dated 18.05.2001 resulted in its dismissal by an order dated 12.03.2003. The operation of the said order was suspended for four weeks to enable the plaintiffs to approach the Hon’ble Supreme Court. It is unclear


































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