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Ganga Ram Hospital Trust vs Municipal Corporation Of Delhi on 1 June, 2001

28. The next ground of dismissing the suit was that present suit is not maintainable before the Civil Court as the jurisdiction lies with ATMCD. Ld. Trial Court was of the view that since plaintiff has already availed remedy under Section 169 of DMC Act before ATMCD, therefore, the suit was not maintainable and was barred under Section 169 of the DMC Act r/w Section 41(h) of the Specific Relief Act. The judgment which has been cited before this Court i.e. Ganga Ram Hospital Trust v. MCD 92(2001) DLT 775 DB was also cited before the Trial Court but the rulings therein did not find favour with the Trial Court although Trial Court did not discuss as to how the said ruling is not applicable to the present case.
Delhi High Court Cites 36 - Cited by 26 - A Kumar - Full Document
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