Reva Khetrapal, J.

IA Nos. 10668/2007 (under Order XXXIX Rules 1 and 2 CPC filed by the plaintiff) and 14630/2007 (under Order XXXIX Rule 4 CPC filed by the defendant)

1. By this order, it is proposed to decide IA No. 10668/2007 under Order XXXIX Rules 1 and 2 CPC filed by the plaintiff and IA No. 14630/2007 under order XXXIX Rule 4 CPC filed by the defendant.

2. The background facts are that tenders were invited in the year 2001 by the defendant for allotment on licence/lease basis of various properties including the property commonly known as Open Air Restaurant, Minto Bridge, Minto Road, New Delhi. The plaintiff was declared a successful bidder by the defendant and the bid of the plaintiff was accepted by the defendant vide letter dated 11.10.2001 and by the same communication the defendant directed the plaintiff to deposit a sum of Rs. 30,66,707/- as licence fee for the first six months and one month's licence fee payable in advance and to execute a deed of licence in the form approved by the Commissioner, MCD. The terms and conditions of the licence were also supplied to the plaintiff. The plaintiff deposited the aforesaid amount as demanded by the defendant and an agreement was