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New Delhi Municipal Council v. Prominent Hotels Limited - (High Court of Delhi) (11 Sep 2015)

Prominent Hotels Ltd. suit for injunction against eviction not maintainable

MANU/DE/2625/2015

Commercial

Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC was not maintainable. Terming the trial court’s decision to decree the suit ‘perverse’ and in ‘flagrant violation of the principles of law’, the Court noted the Respondent had clearly breached the terms of the contract signed by it, and was barred from instituting a suit for unauthorised occupation of public premises. The Court in its decanter directed trial courts to assess frivolous litigation pending before them and submit a report enumerating the same within two months from the date of the order.

Relevant : Ramrameshwari Devi v. Nirmala Devi & Ors. MANU/SC/0714/2011 Maria Margarida Sequeria Fernandes v. Erasmo Jack de Sequeria MANU/SC/0225/2012 Thomas Cook (India) Ltd. v. Hotel Imperial MANU/DE/0298/2006

Tags : HOTEL   EVICTION   LEASE   MAINTAINABILITY   SUIT  

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