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2021 Supreme(Del) 2440

PRATHIBA M. SINGH
Geeta Jeena – Appellant
Versus
Government of NCT of Delhi – Respondent


Advocates appeared:
Ms. Seema Bengani, Advocate, for the Petitioner in W.P.(C) 3733/2020 & CM APPL. 13364/2020, W.P.(C) 3779/2020 & CM APPLs. 13520/2020 & 33577/2020, W.P.(C) 3781/2020 & CM APPLs. 13527/2020, 33184/2020 & 17467/2021.
Himanshu Pathak, Ms. Priya Mishra and

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

I) Background of the Case:

2. The COVID-19 pandemic (hereinafter "the pandemic") has had a cascading effect not merely on human life but also on various contractual arrangements. The arrangements that are the subject matter of the present petitions relate to shops at various bus terminals in Delhi.

3. In the present cases, the Petitioners are all allottees of various shops at the Maharana Pratap Interstate Bus Terminal (hereinafter as `ISBT') at Kashmere Gate, Vivekanand ISBT at Anand Vihar, and Vir Hakikat Rai ISBT at Sarai Kale Khan. The Petitioners had participated in a bidding process and had after completing the requisite formalities, deposited the advance monthly license fee equivalent for the period of six months, along with security deposits. Some of the Petitioners took possession of their respective shops on different dates. There are also cases where physical possession of the shops was yet to be given when there was an outbreak of the pandemic. In cases where the possession had taken place, hardly a period of around two months had lapsed, between the possession having been taken and t


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