Research › Browse › Judgment

Delhi High Court · body

1991 DIGILAW 123 (DEL)

VASANT SURGICO MEDICAL CENTRE PRIVATE LIMITED v. MUNICIPAL CORPORATION OF DELHI

1991-02-21

MAHINDER NARAIN

body1991
Mahinder Narain,j. ( 1 ) BY my order dated 18-12-1990, I directed that the Zonal Engineer of the M. C. D. should be present in Court alongwith thesanctioned building plan today and also directed that written statement be filedby the M. C. D. ( 2 ) ZONAL Engineer is not present in Court nor is. counsel for thedefendant present On 18-12-1990 counsel for the M. C. D. stated that thoughorders of this Court granting time to the M. C. D. for filing the written statementhad been communicated to M. C. D. , Yet no steps were taken and no instructionswere given to the counsel to file the written statement. ( 3 ) INASMUCH as the M. C. D, has not filed the written statement despiterepeated opportunities, being given to file the written statement on 19-3-19902-5-1990, 8-8-1990, 7-11-1990, 12-11-1990 and 18-12-1990, no written statementhas been filed. ( 4 ) IN the circumstances I think the instant case is a fit one where I should exercise the powers under Order 8 Rule 10 Civil Procedure Code and decree the suit. ( 5 ) THE suit for permanent injunction is accordingly decreed. Thepermanent injunct on is directed to issue to the defendants, their officials, agentsemployees and representatives restraining them from demolishing any portionof the Care block as shown in the site plan attached to the plaint with respectto plot No. B Community Centre. Basant Lok, Vasant Vihar, New Delhi. Thedefendants are also restrained from creating any nuisance or annoyance in the free functioning of the said Care. ( 6 ) NO order as to costs. ( 7 ) LATER on Ms. Anjne Gossain, counsel for the M. C. D. appeared andshe has been apprised of the order.