Kailash & ANR v. North Delhi Municipal Corporation & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 411/2016 KAILASH & ANR.

..... Appellants Through Mr. Dharmendra Sharma, Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION & ANR ..... Respondents Through Mr. Ajjay Aroraa & Mr. Kapil Dutta, Advocates for North DMC.

Ms. Reema Bhola, Advocate for respondent No. 2.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 11.08.2016 Learned counsel for the respondent No. 2 is present and has been heard. Learned counsel for the respondent No. 2 submits that they have no objection in case appeal of the appellant herein is decided by the Appellate Tribunal MCD on merits and the order dated 2nd February, 2016 passed in Writ Petition (C) No. 291/2016, Madan Lal versus North Delhi Municipal Corporation and Others would not foreclose the said right of the present appellant to argue the appeal and ask for interim stay. In view of the statement made by the counsel for the respondent No. 2, the present appeal

is disposed of. It is open to the Appellate Tribunal MCD to grant, reject or vacate the interim order. This order would not be construed as an order expressing any opinion on merits. The concession given by the respondent No. 2 would also not be construed as a concession on merits. SANJIV KHANNA, J.

SUNITA GUPTA, J.

AUGUST 11, 2016 VKR