Delhi High Court - Orders
M/S Performance Motors Pvt Ltd vs M/S India Tourism Development ... on 15 December, 2021
Author: Yashwant Varma
Bench: Yashwant Varma
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 63/2020, CM APPL. 2540/2020
M/S PERFORMANCE MOTORS PVT LTD ..... Petitioner
Through: Mr. Ravi Gupta, Sr. Adv. with Mr.
Vikas Goel, Mr. Vivek Gupta, Mr.
Ritesh Sharma, Mr. Sachin Jain,
Advs.
versus
M/S INDIA TOURISM DEVELOPMENT CORPORATION LTD
..... Respondent
Through: Mr. Anish Chawla, Mr. Neeraj
Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 15.12.2021
1. Having heard learned counsels for parties at some length, the Court notes that the following two principal questions would merit consideration:-
a. Whether the respondents could have maintained the petition under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 after having withdrawn the earlier petition which was composite in character and sought not just eviction but also damages from the petitioner.
b. Whether a petition under Section 7 of the Act would be maintainable in the absence of any finding in respect of unauthorised occupation having been recorded in proceedings under Section 4 of the Act. a petition for damages simpliciter under Section 7 of the Act would be maintainable.Signature Not Verified Digitally Signed By:NEHA Signing Date:16.12.2021 11:11:12
2. According to learned Senior Counsel appearing in support of the petition, a petition for damages simpliciter would not be maintainable unless a prior finding in respect of unauthorised occupation has come to be rendered in proceedings under Section 4 of the Act.
3. The Court grants time to respective sides to address submissions in the aforesaid light.
4. List again on 13.01.2022.
5. Interim order granted earlier to continue till the next date.
YASHWANT VARMA, J.
DECEMBER 15, 2021/neha Signature Not Verified Digitally Signed By:NEHA Signing Date:16.12.2021 11:11:12