High Court of DelhiW.P.(C)/9472/2017

Hindustan Soft Education Ltd. And ORS. v. South Delhi Municipal Corporation

2017-10-27Hon'Ble Mr. Justice A. K. Chawla2 pages

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9472/2017 and CM Nos. 38532-38534/2017 HINDUSTAN SOFT EDUCATION LTD. AND ORS.

..... Petitioners Through Mr. Sandeep Sethi, Sr. Advocate with Ms. Malini Sud, Mr. Vikas Mishra, Mr. Shashwat Tripathi, Mr. S.P.

Singh Chawla, Mr. Anmol Singh Gill and Mr. Rahul Khosla, Advocates versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr. Rajeshwar Dagar, Standing Counsel, SDMC

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 27.10.2017 The instant petition has come to be filed assailing sealing orders dated 24.10.2017 passed by the respondent/SDMC in respect of the premises defined thereunder.

During the course of hearing, Mr. Sethi, ld. Senior counsel for the petitioners concedes that a statutory remedy by way of an appeal is available to the petitioners, and, thereby, the instant writ petition would not be tenable.

It is however, strenuously contended by Mr.Sethi, ld. Senior counsel for the petitioners that the respondent/ NDMC in order to deprive the petitioners of their valuable right to approach the Appellate Tribunal and assail the impugned orders, has

sealed certain portions of the petitioners' properties, though, some portions under the impugned orders, are still under the threat of further sealing. It is therefore strenuously pressed that by the time the petitioners approach the AT, MCD by way of a statutory appeal, the respondent/SDMC may not proceed with the remaining sealing action, which may deprive the petitioners of their valuable right of hearing, there-against.

At this stage, ld. Counsel for the respondent/SDMC submits that he has instructions to state that, but, for the sealing action already undertaken, any further coercive action shall not be taken on the premise of the impugned sealing orders till 01.11.2017. Respondent/ SDMC shall remain bound by the statement made by the ld. Counsel for the respondent/SDMC before this Court and no further coercive steps shall be taken by the respondent/SDMC on the premise of the impugned sealing orders till 01.11.2017.

Petition and the pending applications stand disposed off accordingly. It is further made clear that any observation made in the instant proceedings shall have no bearing on the merits of the respective pleas of the parties before AT, MCD.

Order Dasti under the signatures of Court Master. A. K. CHAWLA, J OCTOBER 27, 2017 nn