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Deals & Matters |
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22 April 2025 |
We are pleased to share that the Disputes Team at Kochhar & Co. was successful in obtaining a favourable order for its Client, C.J. International Hotels Ltd. (Le Meridien, New Delhi).
As part of its hotel operations, the Client was required to obtain certain licenses for running its restaurants and serving alcohol. However, the authorities refused to grant such licenses due to the absence of a health license issued by the New Delhi Municipal Council (NDMC).
It was submitted before the Hon’ble Court that the issue pertaining to the health license was sub judice and that the Client had already been protected under previous orders of the Court in this regard. Despite this representation to the authorities, the Client was denied the requisite licenses, leading to a standstill in hotel operations.
It was further argued that State authorities are expected to act in consonance with the principles of equity and fair play, and not adopt a myopic or mechanical approach—particularly in light of the precedent set by the Hon’ble Court in similar matters relating to the Hotel.
Considering the submissions, the Hon’ble Court was pleased to direct the authorities to renew the licenses sought by the Client, as the matter was squarely covered by earlier precedents. The Court also observed that the authorities were well aware that the documents they were insisting upon were not warranted, given the protection already granted to the Hotel.
The Kochhar team was led by Partner Shiv Sapra, ably assisted by Associates Vishal Singh and Aviral Tripathi.
This matter is of considerable significance, as it reinforces the expectation that authorities adopt a pragmatic and fair approach in the discharge of their duties as State actors.
The matter has also garnered wide recognition through various media reports, accessible via the following links: