NCLAT: Unenforced Equitable Mortgage is Corporate Debtor’s Asset, Not to Be Treated as Margin Money  ||  NCLT Approves Hindustan Unilever’s Ice Cream Business Demerger into Kwality Wall’s  ||  Supreme Court: Bar Councils Cannot Charge Over Rs 750 for Enrollment or Withhold Applicants’ Docs  ||  SC Cancels POCSO Conviction, Observing Crime Resulted from Love, Not Lust, After Marriage  ||  Supreme Court: Advocates Can be Summoned Only under S.132 BSA Exceptions with Prior Officer Approval  ||  Allahabad HC: Juvenile Conviction Cannot be Treated as Disqualification for Government Jobs  ||  Delhi HC: DV Act Rights of Daughter-in-Law Cannot Deny In-Laws’ Right to Reside in Home  ||  Delhi HC: Waitlist Panel Cannot Be Segregated, Vacancies Must Be Filled From Valid Waitlist  ||  Delhi HC: Matrimonial FIR Cannot Be Quashed If Couple’s Settlement Agreement is Not Executed  ||  Delhi HC Bars All India Carrom Federation from Using “India” or “Indian” in its Name    

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  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved