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High Court of DelhiCM(M)/897/2017

Co. M L Kaktikar & ANR. v. New Delhi Municipal Council & ORS.

2017-09-11Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 897/2017 COL. M L KAKTIKAR & ANR.

..... Petitioners Through:

Mr. P. Banerjee, Ms. N. Parashar & Ms.

S. Singhal, Advs.

Versus

NEW DELHI MUNICIPAL COUNCIL & ORS.

..... Respondents Through:

Mr. Anil Grover, Ms. Kanika Singh, Mr.

Jitendra Kumar Tripathi, Ms. Mishal Vij & Mr. Rishi Vohra, Advs. for R-1 / NDMC.

Mr. Abhishek Chhabra, Adv. for R-2&3.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 11.09.2017 1.

This order is in continuation of the earlier orders dated 22nd August, 2017, 28th August, 2017 and 5th September, 2017.

2.

The counsel for the petitioners states that the petitioners are in the process of preferring appeal against the order dated 23rd August, 2017 of the Appellate Tribunal, Municipal Corporation of Delhi (ATMCD) and he thus seeks to withdraw this petition with liberty to take the grounds, as urged in this petition, in such appeal.

3.

The counsels for the respondent No.1 New Delhi Municipal Council (NDMC) and the respondents no.2&3 state that subject to their opposition before the Appellate Authority, they have no objection. 4.

The petition is dismissed as withdrawn with liberty to the petitioners to, in accordance with, law take up the grounds as taken in this petition, in the appeal against the order dated 23rd August, 2017 of the ATMCD and leaving all objections of the respondents open in this regard. No costs.

RAJIV SAHAI ENDLAW, J.

SEPTEMBER 11, 2017/'gsr'..