On May 8, 1981, an employee of the respondent Corporation visited the premises of the petitioners and served a numberice purporting to be under Section 423 of the Act intimating to the petitioners that the petitioners, licence for eating house has number been renewed since March 31, 1979, because according to the respondent Corporation the restaurant was being run in a residential building.
When the petitioners applied for renewal of the licence for the period April 1, 1979, to March 31, 1980, the Corporation as per its letter dated May 7, 1979, asked the petitioners to companyply with certain requirements as set out therein The Corporation did number accept the licence fee which was tendered by the petitioners.
In August 1976 petitioners were asked by the Municipal Corporation Corporation for short to deposit the licence fee from the date of application till March 31, 1977, in the total amount of Rs.
A suit was filed by the petitioners for a mandatory injunction directing the respondent to grant licence for the year 1979 80 onwards.
A revision petition to the High Court met with the same fate and a petition to obtain special leave against the order of the Delhi High Court was rejected 35 by this Court on May 3, 1982.
Subsequently every year the licence fee was deposited from year to year with a request for renewal of licence and every year fresh receipt was issued which would tantamount to renewal of the licence.
A numberice of motion under Order XXXIX, Rules 1 and 2 of the CPC was taken out for an interim injunction for removal of the seals till the disposal of the suit.
A receipt acknowledging the payment of the licence fee was issued.
Petitioners had applied for a licence as required by Section 421 of the Delhi Municipal Corporation Act, 1957 Actfor short .
Thereafter the present writ petition was filed.
Petitioner 2 and some others are running a restaurant under the name and style of petitioner 1 on the first floor of premises No.
166/ which the petitioner duly deposited on August 17, 1976.
23/3, East Patel Nagar, New Delhi, since 1970.
Such yearly renewal companyered the period 1978 79.
After the appearance of the respondent the numberice of motion was discharged.
