Delhi Factory Owners Federation v. South Delhi Municipal Corporation & ORS

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 108/2018 DELHI FACTORY OWNERS FEDERATION ..... Appellant Through:

Mr. Hiresh Choudhary and Mr. Shubhankar, Advocates.

Versus

SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Mr. Rajay Tyagi, Additional Standing Counsel for Respondent No. 1/SDMC.

Ms. Nikita Salwan, Advocate for Respondent No.2/DSIIDC.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 01.06.2018 C.M.No.24747/2018 (for modification of order dt. 11.05.2018) Issue notice.

The learned counsel named above accept notice on behalf of respondents No. 1 and 2.

At joint request, the application is taken up for disposal. This application seeks clarification of the order dated 11.05.2018, wherein the impugned order dated 08.03.2018 has been made absolute till the disposal of the suit.

This is an obvious error because the interim order granted by this Court on 22.03.2018 had stayed the impugned order of 08.03.2018 and the judgment dated 11.05.2018 had in substance set aside the impugned order dated 08.03.2018. Therefore, paragraph 8 of the aforesaid judgment should

read as under:- "

In view of the above, the impugned order dated 08.03.2018 is set aside and the interim order dated 22.03.2018 is made absolute till the disposal of the suit. All other questions of law are left open. The appeal is disposed off in the above terms."

The application is allowed in the above terms. A copy of this order be given dasti to the appellant under the signature of the Court Master.

NAJMI WAZIRI, J.

JUNE 01, 2018 sb