High Court of DelhiW.P.(C)/1212/2016

Vinay Chadha Authorized Representative, M/S 121 Brand v. South Delhi Municipal Corporation & ANR

2016-02-12Hon'Ble Ms. Justice Gita Mittal,Hon'Ble Mr. Justice I.S.Mehta2 pages

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1212/2016 and CM Nos.5335/2016 and 5336/2016 VINAY CHADHA AUTHORIZED REPRESENTATIVE, M/S 121 BRAND ..... Petitioner Through :

Mr. Akhil Sibbal, Mr. Sanjeev K.

Saroha, Mr.

Vikas Batra and Mr.

Dhananjaya K. Tyagi, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR.

..... Respondents Through :

Mr. Sanjay Poddar, Sr. Adv. with Mr.

Mukesh Gupta, Standing Counsel and Mr. Aakash Goel and Mr. Govind Kumar, Advs. for R-1 & 2/SDMC with Ms. Mona Srinivasan, DC (Advtt.) in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.02.2016 During the course of hearing, consensus has been arrived at between the parties, accordingly, this casual order is being passed. Learned senior counsel for the respondents, on instructions, submits that annexure P-7 will not be enforced subject to petitioner filing affidavit of undertaking to the following effect:- (a) Petitioner will comply with the necessary formalities required for registration of category 'A' advertiser, within one week. (b) Petitioner will deposit `11,80,000/- with the respondent, within one week without prejudice to the rights and contentions of the parties, which may be taken in any other proceedings, if invoked by any of the party.

(c) Petitioner will deposit the license fee upto 31st March, 2016, that is, till completion of contract period as per the NIT, on or before 20th February, 2016.

(d) Petitioner will hand over seven hoarding sites to the respondent, as per the survey report given to petitioner in Court, within one week.

(e) Petitioner will remove, if any subletting is there. (f) Petitioner will maintain three sites as mentioned in the survey report, in accordance with OAP policy.

Learned counsel for the petitioner, on instructions of the petitioner present in court, submits that this offer is acceptable to the petitioner. Accordingly, it is ordered that petitioner's proprietor shall file affidavit of undertaking within one week containing the term as spelled out in paras (a) to (f), inasmuch as petitioner shall comply with the undertaking in letter and spirit.

In case of any breach, petitioner shall be liable to the legal consequences as may entail on account of breach of undertaking. Writ petition is disposed of.

Miscellaneous applications are disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

FEBRUARY 12, 2016/dk