Naveen Kumar v. DDA & Anr

Delhi High Court · 20 Nov 2013 · 2013:DHC:8430
Manmohan Singh; Rajiv Shakdher
CMP 349/2013
2013:DHC:8430
civil appeal_allowed

AI Summary

The Delhi High Court granted interim relief staying a notice demanding payment of dues subject to deposit, and directed that further interim relief applications be decided by the appointed arbitrator.

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$-64-65 HIGH COURT OF DELHI
CMP 349/2013
NAVEEN KUMAR Petitioner
Through Mr.TPS Kang,Adv. with Ms.Upasana Kang Mata&
Mr.Amitesh Gaurav, Advs.
VERSUS
DDA & ANR Respondents
Through Mr.Rajiv Bansal,Adv. with Ms.Swati Venna,Mr.DewratSingh
& Mr.Parambir Singh, Advs.
OMP 350/2013
Through Mr.TPS Kang,Adv. with Ms.Upasana Kang Mata&
Mr.Amitesh Gaurav, Advs.
VERSUS
Through Mr.Rajiv Bansal, Adv. with Ms.Swati Verma,Mr.Dewrat Singh
& Mr.Parambir Singh, Advs.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
15.04.2013 Both these petitions have been filed by the petitioner under Section 9 ofthe Arbitration and Conciliation Act, 1996 for interim relief.
2013:DHC:8430 After some arguments,learned counsel for the petitioner submits that the petitioner is ready to deposit the outstanding dues with the respondents/DDA within four weeks. It is also stated that the petitioner in future also keep depositing the licence fee regularly every month as per agreement. Subject to petitioner's depositing the outstanding dues as mentioned in the notice dated Febmary, 2013 issued by the DDA,the operation of the said notice shall remain stayed. Both these petitions are disposed ofaccordingly.
APRIL 15,2013/ka OHAN SINGH,JV c- \ $-21 HIGH COURT OF DELHI
O.M.P.350/2013
Through: Mr T.P.S. Kang,Adv.
VERSUS
Through: Mr Sanjeev Sabharwal,Ms Vivya Nagpal& Mr Hem Kumar,Advs.with Mr Anil
Kumar Gupta,dealing assistant.
CORAM:
HON'BLE MR.JUSTICE RAJIV SHAKDHER
20.11.2013 lA No.8681/2013(hv petitioner)
This is an application moved by the petitioner in a matter which was disposed ofby my predecessor vide order dated 15.04.2013.
By this application the petitioner seeks the following reliefs: grant of permission to pay the outstanding amount of Rs. 1.51 lacs within tour weeks; grant of clarification of the order dated 15.04.2013 passed by this court, so that the petitioner can approach the arbitrator for remission in making the payment or any other appropriate relief; the clarification ofthe order ofthis court should operate only till appointment ofthe arbitrator,and that, parties will be at liberty to move interim applications before the arbitrator; and lastly,that no adverse action is taken till the dispute is settled and resolved by the arbitrator.
O.M.P.350/2013 Pagelof2
Since there was no representation on behalf of the DDA, Mr
Sabharwal was requested to appear on behalfofthe DDA. An officer ofthe
DDA, Mr Anil Kumar Gupta, is also present in court. Mr Sabharwal informs me that the respondents are in the process of appointing an arbitrator. Let the needful be done within six weeks from today.
Accordingly,the application is disposed ofwith a direction that,on an arbitrator being appointed,the captioned application would be placed before him, who would be free to pass appropriate orders, after hearing both parties.
Dasti.
RAJIV SHAKDHER,J NOVEMBER 20,2013 kk
O.M.P.350/2013 Page 2 of2
JUDGMENT