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r ' -4 ff $-24 HIGH COURT OF DELHI -t O.M.P. 581/2013
ENCYCLOPAEDIA BRITANNICA INDIA PV T LTD.
Petitioner
Through: Mr Sudhir Nandrajog,Sr. Advoeate with Mr Aman Nandrajog,Advoeate.
ENCYCLOPAEDIA BRITANNICA INDIA PV T LTD.
Petitioner
Through: Mr Sudhir Nandrajog,Sr. Advoeate with Mr Aman Nandrajog,Advoeate.
VERSUS
M/S MA ILA.DHA TRUST & ORS. .... Respondents
Through: Mr Deepak K. Fyagi and Mr Vinod Shukia,Advoeates.
Through: Mr Deepak K. Fyagi and Mr Vinod Shukia,Advoeates.
CORAM:
HON'BLE MR.JUSTICE VIBHU BAKHRU
26.06.2013 This is an applieation under Section 9 of the Arbitration &
Conciliation Act, 1996. The petitioner has approached this Court as the air- conditioning which was to be provided by respondent no. I in the premises let out by respondent no. 1 to the petitioner was totally ineffective. The petitioner thus, desired to install its own air-conditioning equipment and sought appropriate orders from this Court restraining respondents from interfering in installation ofair-conditioning in any manner. The matter was of some urgency as the temperatures during the earlier part of June was soaring very high and it was the ease of the petitioner that instead of a temperature of22°C,the temperature in the office were ranging from 28.5°C to 33.1"C. This Court thus, found that urgent orders were necessary and accordingly passed the order dated 08.06.2013 indicating that reliefs as prayed for by the petitioner would be granted. However,before passing the final order,the Court appointed a Local Commissioner to visit the premises in question and record the temperature. The Local Commissioner appointed
2013:DHC:8392 se by this Court however could not accept the assignment and accordingly on an application,this Court appointed Mr Rakcsh Marwah,Assistant Engineer
(Electrical), PWD,Delhi High Court to visit the premises in question and record the temperature and submit the report thereon. Mr. Marwah has filed a report in this Court which indicates that the temperatures recorded range between 20.4°C to 25.6 °C at various places in the office. We understand that drop in temperature has resulted on account of general reduction in temperatures as well as on account of steps carried out by the respondents.
Mr. Nandrajog, Sr. Advocate appear for the petitioner submits that if the efforts of respondents continue in their true spirit to provide effective air- conditioning, the grievance in this regard may not survive. In view ofthe reconciliatory efforts being made by the respondents and the assurance given on behalfofthe respondents that they will make efforts to ensure that the temperatures in the office/premises are brought down to and are maintained at 22"C, I think that no orders on this application are required.
The parties have agreed to resolve the controversy with regard to the obstruction of the passage amicably, as well. Accordingly, the petition stands disposed of.
(VIBHU BAKHRU)
VACATION JUDGE
JUNE 26,2013 rk 2013:DHC:8392
26.06.2013 This is an applieation under Section 9 of the Arbitration &
Conciliation Act, 1996. The petitioner has approached this Court as the air- conditioning which was to be provided by respondent no. I in the premises let out by respondent no. 1 to the petitioner was totally ineffective. The petitioner thus, desired to install its own air-conditioning equipment and sought appropriate orders from this Court restraining respondents from interfering in installation ofair-conditioning in any manner. The matter was of some urgency as the temperatures during the earlier part of June was soaring very high and it was the ease of the petitioner that instead of a temperature of22°C,the temperature in the office were ranging from 28.5°C to 33.1"C. This Court thus, found that urgent orders were necessary and accordingly passed the order dated 08.06.2013 indicating that reliefs as prayed for by the petitioner would be granted. However,before passing the final order,the Court appointed a Local Commissioner to visit the premises in question and record the temperature. The Local Commissioner appointed
2013:DHC:8392 se by this Court however could not accept the assignment and accordingly on an application,this Court appointed Mr Rakcsh Marwah,Assistant Engineer
(Electrical), PWD,Delhi High Court to visit the premises in question and record the temperature and submit the report thereon. Mr. Marwah has filed a report in this Court which indicates that the temperatures recorded range between 20.4°C to 25.6 °C at various places in the office. We understand that drop in temperature has resulted on account of general reduction in temperatures as well as on account of steps carried out by the respondents.
Mr. Nandrajog, Sr. Advocate appear for the petitioner submits that if the efforts of respondents continue in their true spirit to provide effective air- conditioning, the grievance in this regard may not survive. In view ofthe reconciliatory efforts being made by the respondents and the assurance given on behalfofthe respondents that they will make efforts to ensure that the temperatures in the office/premises are brought down to and are maintained at 22"C, I think that no orders on this application are required.
The parties have agreed to resolve the controversy with regard to the obstruction of the passage amicably, as well. Accordingly, the petition stands disposed of.
(VIBHU BAKHRU)
VACATION JUDGE
JUNE 26,2013 rk 2013:DHC:8392
JUDGMENT