Fast food chain Nirula's has got relief from a local court which set aside the eviction order of its outlet at Delhi University terming it as "mindless".
"I accept the appeal and set aside the impugned eviction order reserving liberty to the University to initiate fresh eviction proceedings in accordance with law," District and Sessions Judge A K Chawla said while setting aside the order passed against Nirula's by the estate officer on a complaint by the varsity.
The order of the court came on an appeal filed by Nirula's Corner House Pvt Ltd whose Vice President J S Grover and Director Amit Chadha were issued show cause notice by the estate officer.
The court noted that the complaint seeking eviction was made by the varsity against Nirula's Corner House even when the agreement dated October 23, 2002, giving licence for 10 years to run a family restaurant was executed among DU and Nirulas Hotels and Restaurants Pvt Ltd, a wholly owned subsidiary of Nirulas Corner House Private Ltd.
"In the complaint, the respondent University has sought eviction of an unauthorised occupant 'M/s Nirulas Corner House'. Is this M/s Nirulas Corner House, a legal/juristic entity, one wonders? From where has this 'Nirulas Corner House' surfaced, one fails to understand completely.
"Interestingly, complaint proceeds on the premise that the agreement in respect of the subject premises was entered into between the varsity and M/s Nirulas Corner House," it said.
Questioning the show cause notice issued to Grover and Chadha, the court noted that DU's agreement was with Nirulas Hotels and Restaurants, a wholly owned subsidiary of Nirulas Corner House, which is a juristic entity and it was this entity which was running the restaurant from the premises and not its vice-president or director in individual capacity.
It said the notices "cannot be said to be notice to the occupants of the premises who are meant to be evicted.
