Shree Pappu Restaurant vs. Royal Exotic

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 7705/2024

(Arising out of impugned final judgment and order dated 26-02-2024 in WP No. 907/2020 passed by the High Court of Judicature at Madras)

M/S. SHREE PAPPU RESTAURANT Petitioner(s)

VERSUS

ROYAL EXOTIC & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.77371/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.77372/2024-EXEMPTION FROM FILING O.T.)

Date : 09-07-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

For Petitioner(s)

Mr. Dhananjay Baijal, AOR

For Respondent(s)

Mr. A Velan, AOR Ms. Navpreet Kaur, Adv.

Mr. D.Kumanan, AOR Mrs. Deepa. S, Adv. Mr. Sheikh F. Kalia, Adv. Mr. Chinmay Anand Panigrahi, Adv.

UPON hearing the counsel the Court made the following O R D E R

Perused our earlier order dated 13th May, 2024 which

reads thus:

"From the applications filed by the petitioner/applicant, especially paragraph No.4 thereof, it is obvious that the restaurant has been constructed on the vacant land without

obtaining any permission of the competent authority.

We direct the petitioner-proprietor of the restaurant to make a statement before the Court about the outer limit within which he will remove the restaurant.

To enable the petitioner-proprietor of the restaurant to make a statement, list on 9th July, 2024.

The interim relief granted earlier by this Court to continue."

Today, the learned counsel appearing for the petitioner is not willing to make a statement before this Court about the outer limit within which the petitioner will remove the restaurant. The petitioner was under obligation to do so in terms of our earlier order. Considering this conduct, we are inclined to dismiss the Special Leave Petition.

At this stage, the learned counsel appearing for the petitioner seeks permission to withdraw the Special Leave Petition.

Accordingly, the same is dismissed as withdrawn.

(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER