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DELHI HIGH COURT
AMIT BANSAL
Almass India – Appellant
Versus
South Delhi Municipal Corporation – Respondent


JUDGMENT

Amit Bansal, J. (Oral)

CS(COMM) 66/2015

1. Briefly, the case of the plaintiff is that after participating in a tender, it was allotted a unipole `Opposite Indian Oil Corporation Bhawan, FTC AHMS'. Accordingly, the plaintiff a entered into the agreement dated 16th December, 2013 with the defendant. The plaintiff claims that the site allotted was in violation of the Outdoor Advertisement Policy, 2007 (OAP) of the defendant, inasmuch as the site hindered the right of way and was in the middle of the road. It is further stated that the grievances of the plaintiff were not resolved and thus, the plaintiff surrendered the site in July/August, 2014.

2. Hence, the present suit was filed seeking the following reliefs:

    "i. Pass a declaratory decree declaring the contract/agreement as well as the allotment letter dated 30.12.2013 as null and void ab initio being illegal and contrary to the provisions of the Outdoor Advertising Policy, 2007 and in violation of the order dated 06.05.2015 passed by the Hon'ble High Court of Delhi in WP(C) No.3367 of 2015;

    ii. Pass a decree for recovery of a sum of Rs.58,79,832/- in favour of the Plaintiff and against the Defendant alongwith pendente

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