Page 1 of 44

.*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

+

CS(OS) No.3397/2014

M/S SAI NATH ENTERPRISES

..... Plaintiff

Through

Mr.A.S. Chandhiok, Sr. Adv. with

Mr.Rajesh Gupta, Ms.Harleen

Singh, Mr.Ranjeet Pandey &

Ms.Nimisha Jain, Advs.

versus

NORTH DELHI MUNICIPAL CORPORATION & ANOTHER

..... Defendants

Through

Ms.Maninder Acharya, Sr.Adv. with

Mr.Mukesh Gupta & Mr.Abhishek

Kukkar, Advs.

+

CS(OS) No.3460/2014

M/S SAI NATH ENTERPRISES & ORS

..... Plaintiffs

Through

Mr.A.S. Chandhiok, Sr. Adv. with

Mr.Rajesh Gupta, Ms.Harleen

Singh, Mr.Ranjeet Pandey &

Ms.Nimisha Jain, Advs.

versus

NORTH DELHI MUNICIPAL CORPORATION & ANOTHER

..... Defendants

Through

Ms.Maninder Acharya, Sr.Adv. with

Mr.Mukesh Gupta & Mr.Abhishek

Kukkar, Advs.

CORAM:

HON'BLE MR.JUSTICE MANMOHAN SINGH

2015:DHC:10515

Page 2 of 44

MANMOHAN SINGH, J.

1.

By way of this common order, I propose to decide eight

applications filed by the plaintiffs. The details of such applications are

given below:-

In CS (OS) No.3397/2014

(i)

I.A. No.25380/2014 under Order VI Rule 17 read with Order

1 Rule 10 CPC,

(ii) I.A. No.22656/2014 under Order XXXIX Rules 1 & 2 CPC,

(iii) I.A. No.1468/2015 under Order VI Rule 17 CPC, and

(iv) I.A. No.1469/2015 under Order XXXIX Rules 1 & 2 CPC.

In CS (OS) No.3640/2014

(i)

I.A. No.25382/2014 under Order VI Rule 17 CPC,

(ii) I.A. No.22422/2014 under Order XXXIX Rules 1 & 2 CPC

(iii) I.A. No.1466/2015 under Order VI Rule 17 CPC, and

(iv) I.A. No.1467/2015 under Order XXXIX Rules 1 & 2 CPC.

2.

The above two suits are filed by M/s Sai Nath Enterprises

through its partners, namely, Harish Kumar Sharma and Anuradha

Sharma. The amended memo of parties in the first suit was filed after

filing of the suits. The issues involved in both the suits are common so

as the parties. Therefore, the interim applications and the applications

for amendment of plaints are being decided together by this common

order.

Facts as per plaint of first suit being CS(OS) No.3397/2014:

3.

The first suit for declaration and permanent injunction was filed

on 12^th November, 2014 along with the interim application. The same

was listed before Court on 13^th November, 2014 and the interim order

2015:DHC:10515

Page 3 of 44

was passed on the same day to the effect that till the next date of

hearing, the defendants would not take any coercive action by

cancelling agreement dated 1^st July, 2014 on the basis of show-cause

notice dated 3^rd March, 2014 and they might not consider the tender

with regard to Gandhi Maidan without the leave of the Court.

4.

On the date of filing of the suit, plaintiff-firm was unregistered.

The application for registration was filed on 12^th November, 2014 with

Registrar of Firms, Delhi. Mr.Harish Kumar Sharma and Ms.Anuradha

Sharma are the two partners of plaintiff-firm and their partnership was

formed by Partnership Deed dated 22^nd April, 2013.

5.

The plaintiff-firm is registered with defendant No.1 (NDMC) as a

Parking Contractor with registration No.NDMC/RP Cell/2013-2014/D-

677 dated 24^th December, 2013.

6.

Defendant No.1 is the statutory body formed under Delhi

Municipal Corporation Act, 1957, primarily, for the purpose of

providing and maintaining civic amenities and inter alia, is competent

as also responsible for maintaining various parking lots in the area

within its jurisdiction in the National Capital Territory of Delhi.

Defendant No.2 is a designated authority under defendant No.1.

7.

After registration of plaintiff as registered contractor of MCD

(North), defendant No.1 issued show-cause notice dated 3^rd March,

2014 for de-registration of plaintiff firm on the grounds of violation of

terms and condition of registration, in as much as, one of its partner

(Harish Kumar Sharma) is a director in Ashima Infrastructures Pvt. Ltd

(earlier known as Ashima Securities Pvt. Ltd.), which company is

indebted to DMC (North).