Thu. Sep 24th, 2020

M/S. Today Homes & Infrastructure … vs South Delhi Municipal … on 24 July, 2015

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1. The appellants of the above captioned two appeals : M/s.GPS
Properties Pvt.Ltd. and M/s.Today Homes and Infrastructure Pvt.Ltd. are
the co-plaintiffs of CS(OS) 814/2014. In the two appeals filed by them, they

have impleaded the other as respondent No.3. The South Delhi Municipal
Corporation and its Assessor & Collector, impleaded as defendants No.1 and
2 in the suit, are the respondent No.1 and 2 respectively in the two appeals.
The two appeals lay a challenge to the order dated November 17, 2014
passed by the learned Single Judge holding that the suit filed by the two
appellants, as co-plaintiffs, was not maintainable.
2. The learned Single Judge has noted that learned counsel for the
appellants relied upon the decisions reported as (1994) 6 SCC 572 Srikant
Kashinath Jituri vs. Corporation of the City of Belgaum, AIR 1979 SC 1250
Munshi Ram & Ors. vs. Municipal Committee Chheharta, 34 (1988) DLT 91
Sobha Singh & Sons (P) Ltd. vs. New Delhi Municipal Committee, AIR
1969 SC 78 Dhulabhai etc. vs State of Madhya Pradesh & Anr., and 2001
(60) DRJ 549 Ganga Ram Hospital Trust vs. Municipal Corporation of
Delhi but has held that the same were of no help to the appellants in view of
the decision reported (2003) 10 SCC 38 NDMC vs. Satish Chand, with
reference to which decision the learned Single Judge has held that keeping
in view the ratio thereof the suit filed by the appellants was not
maintainable.

Source: Indian Kanoon

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