HIMALAYAN FLORA AND AROMAS PVT LTD vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 26.05.2025 % LPA 351/2025 HIMALAYAN FLORA AND AROMAS PVT LTD.....Appellant Through: Mr. Anand Mishra, Ms. Vandita Nain, Ms. Ayushi Rajput and Mr. Devansh Pundir, Advs. Versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Tushar Sannu, SC, MCD with Mr. Priyankar Tiwari, Mr. Shivam Singh and Ms. Aqsa, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) CM APPL. 32828/2025 (exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. LPA 351/2025 & CM APPL. 32827/2025 (interim directions) 3. This Letters Patent Appeal seeks to take exception to common judgment and order dated 19.05.2025 passed by the learned Single Judge whereby the writ petition bearing W.P. (C) No. 5350/2025 preferred by the LPA 351/2025 Page 1 of 9 Signature Not Verified Digiltally Signed By:SHAILNDRA KUMAR Signing Date:28.05.2025 11:51:01 appellant has been dismissed. 4. The appellant by instituting the proceedings of the writ petition before the learned Single Judge had challenged an order dated 21.04.2025 issued by the respondent/ Municipal Corporation of Delhi (hereinafter referred to as „MCD‟) rejecting the prayer for extension of the contract/allotment of the appellant for display of advertisements through unipoles, for a further period of two years. 5. The learned Single Judge after noticing the facts of the case as also the Clauses 7 and 15 of the earlier contract dated 01.12.2021 entered into between the appellant and the MCD came to the conclusion that in terms of the said clause, the appellant does not have an absolute right to seek extension of the term of the earlier contract and further that it is the discret