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2021 Supreme(Del) 680

SANJEEV SACHDEVA
Himanshu Bhatia – Appellant
Versus
New Delhi Municipal Council – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Shobhana Takiar.
For the Respondents: Mr. Yoginder Handoo, Mr. Ashwin Kataria, Mr. Raghav Bhalla.

JUDGMENT :

SANJEEV SACHDEVA, J.

1. Petitioners impugn order dated 25.09.2020 whereby the application of the petitioners seeking change of trade and deletion of name of Petitioner No. 1, from the partnership, has been rejected on the ground that no prior written approval of New Delhi Municipal Council (NDMC for short) was taken before dissolving the partnership and that Petitioners had defaulted in payment of the licence fee.

2. By allotment letter dated 09.04.2015, Petitioner No. 1 was allotted Shop No. 1, AIIMS Subway, New Delhi on licence basis. On 24.06.2016 Licence Deed was executed for a period of ten years at a monthly licence fee of Rs. 1,53,000/- in addition to sanitation charges and service tax for running the trade of surgical items which is a non-licensable trade.

3. Petitioner no. 1 requested the respondent to accept the Partnership of the Petitioner no. 1 with the Petitioner no. 2 as per their policy, which was accepted by letter dated 25.05.2017 subject to completion of all codal formalities as mentioned therein.

4. It is alleged by the Petitioners that in terms of the Policy of the Respondents dated 16.08.2016, Petitioners applied for change of trade in respect of the sai

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