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2026 DAILYLAW 17532 (DEL)

MS FENN AND JACOB ASSOCIATES LLP v. MUNICIPAL CORPORATION OF DELHI

W.P.(C)/12957/2026 · 2026-09-07

Amit Bansal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 12957/2026 $~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010420192026 + W.P.(C) 12957/2026 & CM APPL. 60245-60246/2026 MS FENN AND JACOB ASSOCIATES LLP .....Petitioner Through: Dr. Amit George with Mr. Rajnish Kumar Jha, Mr. Nishant Kumar Srivastava, Mr. Faiyazul Haque, Ms. Dolli Bhardwaj, Mr. Vaibhav Gandhi, Ms. Tanushree Gupta and Mr. Naman Sharma, Advocates. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Shivam Sachdeva, Additional Standing Counsel with Mr. Yash Agrawal and Mr. Amit Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 07.09.2026 1. The present writ petition has been filed seeking the following reliefs: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 12:03:10 W.P.(C) 12957/2026 2. It is stated that the petitioner is running a restaurant in the name of ‘Mahabelly Canteen’ at Khasra No.264, Ground Floor, Westend Marg, Saidulajab, New Delhi - 110030 (‘subject premises’). 3. The grievance of the petitioner is with regard to notice dated 1st September, 2026 issued by MCD under Section 345-A of the Delhi Municipal Corporation Act, 1957 (‘DMC Act’) which was pasted on the premises of the petitioner on 2nd September, 2026 whereby the petitioner has been directed to stop the alleged misuse of the premises within 48 hours, failing which action would be taken. 4. Counsel for the petitioner submits that the petitioner has obtained statutory licenses, including a Health Trade License dated 14th July, 2026 issued by MCD itself permitting the running of the restaurant at the subject premises. 4.1 It is further submitted that the impugned notice has been issued without any opportunity of hearing being granted to the petitioner. 5. Having heard the counsel for the parties, this Court is of the opinion that the impugned notice dated 1st September, 2026 be treated as a show cause notice to the petitioner. 6. The petitioner is granted two (2) weeks’ time to reply to the said notice. 7. The MCD shall adjudicate the said show cause notice in accordance with law. Till the time a decision is taken by the MCD and communicated to the petitioner, no coercive steps shall be taken against the restaurant at subject premises. 8. Accordingly, the present writ petition is disposed of in the aforesaid terms. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 12:03:10 W.P.(C) 12957/2026 9. All rights, contentions and legal remedies of the parties are kept open. 10. The pending applications stand disposed of. AMIT BANSAL, J SEPTEMBER 7, 2026 Rzu This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 12:03:10