LAWS(DLH)-2004-3-51

VICTORY CARPETS Vs. ASHOK HOTEL

Decided On March 11, 2004
VICTORY CARPETS Appellant
V/S
V.P.(O). CUM G.M.ASHOK HOTEL Respondents

JUDGEMENT

(1.) This is a writ petition, seeking quashing of order dated 3.6.1988, passed by the Additional District Judge, Delhi, dismissing the appeal Nos.116/87 and 118/87, filed by the petitioner against the composite order of eviction and licence fee payment of Rs.4,15,276/- together with interest @ 18% per annum from 2.8.1985. The learned Additional District Judge dis-allowed the interest. He granted time to vacate and pay the licence fee. Petitioner also seeks to restrain the respondents from proceedings for eviction against the petitioner under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

(2.) Notice to show cause in the writ petition was issued as far back as 7.7.1988 and dis-possession of the petitioner No.2 was stayed, subject to deposit of Rs.50,000/- within 15 days and another sum of Rs.50,000/- within one month thereafter. From time to time, directions were given with regard to deposit of amounts in instalments and interim order continued.

(3.) Petitioner moved CM.1450/04 in this writ petition. Notice of this CM was issued to the respondents and reply has been filed. Today CM.1450/04 was listed for hearing and the prayer made by the petitioner in the CM is to dispose of the writ petition in terms of settlement, recorded by respondent No.2 in the meeting held on 4.10.2001, between petitioner No.2 and respondent No.1. Petitioner has also prayed for setting aside of the order dated 10.10.1987, passed by respondent No.2 and order dated 3.6.1988, passed by respondent No.3. In view of settlement dated 4.10.2001, petitioner also seeks dismissal of the application dated 2.12.1995, filed under Section 7 of the Public Premises (Eviction of Unauthorised Occupants), Act, 1971.