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Delhi High Court - Orders

Yellow Sun Restaurants Private Limited vs Union Of India & Ors on 3 May, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Talwant Singh

                          $~5
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 4794/2021 & CM APPL. No.14802/2021
                                 YELLOW SUN RESTAURANTS PRIVATE LIMITED
                                                                                            ..... Petitioner
                                                     Through:      Mr. Nikhil Gupta, Adv.

                                                     versus

                                 UNION OF INDIA & ORS.                                  ..... Respondents
                                               Through:            Mr. P.S. Singh, Adv. for R-1/UOI.
                                                                   Mr. Sahan Ulla, Adv. for R-2 and 3.
                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                 HON'BLE MR. JUSTICE TALWANT SINGH
                                         ORDER

% 03.05.2021 [Court hearing convened via video-conferencing on account of COVID-19]

1. At the outset, it is noticed that CM No. 14802/2021 is an interlocutory application seeking interim relief. This application was inadvertently disposed of vide order dated 16.04.2021, treating it to be an application for exemption.

2. Counsels for the respondents say that they would have no objection if this Court were to recall the order dated 16.04.2021, insofar as it relates to CM No. 14802/2021.

3. Accordingly, the order dated 16.04.2021 is recalled to the extent it concerns CM No. 14802/2021. The said interlocutory application is put back on board. The Registry will show the application as pending in the cause list.

W.P.(C) 4794/2021 ½ Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:05.05.2021 10:53:00

4. Furthermore, a perusal of paragraph 5 of the order dated 16.04.2021 would show that we had stated the following:

"5. In the meanwhile, status quo, as obtaining today, shall be maintained qua the petitioner."

4.1 Accordingly, the said interim order will continue to operate till the next date of hearing.

5. Insofar as the main writ petition is concerned, Mr. Sahan Ulla, who appears for respondent nos. 2 and 3, seeks and is granted further three weeks to file a counter-affidavit in the matter.

6. List the matter on 20.07.2021.

RAJIV SHAKDHER, J TALWANT SINGH, J MAY 3, 2021/pmc Click here to check corrigendum, if any W.P.(C) 4794/2021 2/2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:05.05.2021 10:53:00