DELHI DEVELOPMENT AUTHORITY Vs. NEHRU PLACE HOTELS LIMITED

JUDGEMENT

(1.) . Both these appeals are directed against the order dated 21st December, 1990 passed by a learned Single Judge of this Court in IA Nos.4435, 4436, 4437, 4985 and 6058 of 1990 in Suit No. 1800 of 199H. By this order the learned Single Judge dismissed the applications of the defendants (appellants herein) seeking rejection of the plaint and allowed the applications of the plaintiff (respondent No.1 herein) and granted interim mandatory injunction requiring the appellant to issue occupancy certificate and also no objection certificate to respondent No.1 in respect of two blocks subject to their depositing Rs.5,00,000.00 with the appellant and further directed the appellant Delhi Electric Supply Under (hereinafter referred as 'DESU') to grant the electricity connection to the said blocks on furnishing of occupancy certificate to DESU. The learned Single Judge also granted the. injunction restraining the appellant from enforcing the demand of penalty amount raised in their letter dated 29th March, 1990 till the disposal of the suit.

(2.) . The facts of the case have been given in details in the impugned judgment of the learned Single Judge and we do not deem it necessary to repeat all those facts. However, we may narrate a few facts which are necessary and relevant for deciding these appeals.

(3.) . Respondent No.l in a public auction held on 17th March, 1976 gave a bid of Rs.1 crore for getting the perpetual leasehold rights for a commercial plot in Nehru Place District Centre, new Delhi. On 22nd March, 1978 the lay out plans and drawings were submitted by the said respondent to Delhi Urban Art Commission (for short called "DUAC") which considered the plans in its meetings on 15th April, 1978 and 24th April, 1978 and vide letter dated 17th May, 1978 communicated the approval.