$~14(SB)

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13640/2019
DELHI LOUNGE AND BAR PRIVATE LIMITED..... Petitioner
Through:: Mr. Nalin Talwar, Adv with Ms.
Yeshi V. Richaar, Adv.

versus

GOVERNMENT OF N. C. T. OF DELHI AND ANR.

..... Respondents
Through: Mr. Santosh Kumar Tripathi,
Standing Counsel with Mr. Arun
Panwar, Adv. for GNCTD

CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 24.11.2021
CM APPL. 41641/2021 ( for seeking direction)
The attention of the Court has been drawn to the order dated 24 th
December, 2019 passed by the Court in W.P.(C) No.13640/2019 in which
the validity of the decision of the respondents taken in the meeting of 26 th
November, 2019 was assailed. While dealing with that challenge, it has been
provided as follows-
“2. Vide Order, dated 24. 1 2.20 I 9, this Hon 'ble Court
granted stay of Serial No.2 of the Minutes of Meeting, dated
26.11.2019. The relevant part of the Order, dated 24. I 2.2019 is
reproduced below for a ready reference:
"in view of the above, the condition contained in
paragraph 2 of the Minutes of Meeting dated 26.11.2019 shall
remain stayed qua the petitioner binding the petitioner to its
own undertaking that the hukkahs being served by the

Signature Not Verified

Digitally Signed
By:BHAWNA
Signing Date:26.11.2021
11:30:25
 petitioner shall not, in any manner, contain tobacco or nicotine
and would be purely herbal in nature. It is made clear that the
respondents shall be free to conduct an investigation in this
regard and in case, the petitioner is found to be in any form
violating the said condition. they can take appropriate action ill
accordance with law."
It is pertinent to point out that this interim Order has been
continued from time to time and is in operation till date.”
In view of the aforesaid and taking into consideration the interim
order passed on 16th November, 2021 in the batch of writ petitions which
remain pending, the petitioner is entitled to interim protection.
Accordingly, while the noticed respondents may file their replies
within a period of six weeks from today it is provided in the interim that till
the next date of hearing, no coercive steps shall be taken by the respondents
in the serving of herbal flavoured hukkhas by members of the petitioner’s
association in their premise subject to their filing an undertaking before this
Court that the establishments would strictly follow the prevailing COVID-19
protocols and also ensure that the hukkhas which are provided do not
contain tobacco or nicotine. The undertaking be filed by the petitioner on
behalf of all its members within a period of three weeks from today failing
which the protection accorded above shall stand discharged without
reference to Court.
List before the Roster Bench on 09.02.2022.

YASHWANT VARMA, J.
NOVEMBER 24, 2021/neha

Signature Not Verified

Digitally Signed
By:BHAWNA
Signing Date:26.11.2021
11:30:25