Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CS No.580/25
Vikas Jaitly Vs. MCD & Ors
03.04.2025
Fresh suit received by way of assignment. It be checked and registered.
At 02:30 P.M
Present : Sh. Ajay Malhotra, ld.counsel for the plaintiff alongwith plaintiff.
Certain documents alongwith photographs and site plan filed on
behalf of the plaintiff. Be taken on record.
Submissions heard.
The present suit has been filed on behalf of the plaintiff seeking
relief of declaration and injunction regarding the order dated 11.03.2025
whereby the application of the plaintiff for Health and Trade License was
rejected.
Ld. counsel for plaintiff submits that a closure notice dated
28.03.2025 was issued by defendant no.1 directing the plaintiff to close down
his business within 24 hours after receipt of the said notice, failing which
coercive action shall be taken against the plaintiff by defendant no.1.
It is further submitted that the plaintiff and defendant no.2 are
involved in multiple litigation and as on date, the possession of shop no. 25,
Old Rajinder Nagar, New Delhi is still lying with the plaintiff. It is requested
that defendant no.1 be restrained from taking any action in pursuance of
notice dated 28.03.2025 till the NDOH on the ground that the said notice has
been issued arbitrarily and without any sufficient reasons.
-- 1 of 2 --
In view of the submissions and in the interest of justice, the
defendant no.1 is restrained from taking any action in pursuance of notice
dated 28.03.2025 till the NDOH
Issue summons for settlement of issues and notice of interim
application to the defendants on filing of PF/RC within 2 days, returnable on
17.04.2025.
The plaintiff is directed to comply with order Order 39 Rule 3
CPC within 2 days and file affidavit in this regard.
Defendants shall file their written statement of defence within 30
days from the date of service/receipt of summons. A noting to this effect be
made on the summons.
Reply to the interim application be filed on or before the NDOH.
At request, copy of this order be given dasti.
At request, summons be also issued dasti.
(Umesh Kumar)
JSCC-Cum-ASCJ-Cum-Guardian Judge-02
Central, Tis Hazari Courts/03.04.2025
-- 2 of 2 --