TEMPO APPLIANCES PVT. LTD Vs. KHALIDA BEGUM

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of arbitrator for adjudication of disputes with respondent in terms of clause 12 of the agreement dtd. 1/5/2017.

(2.) Petitioner is a company registered under the Indian Companies Act, 1956 and engaged in the business of trading of pressure cookers and cook wares. Petitioner claims to be the owner and in possession of land measuring 3842 sq. yards comprising of Khasra No.13/13/2 and 13/18/1, Sector 35, Begampur Khataula Industrial Area, HSIIDC, District-Gurugram, Haryana having purchased from its previous owner through three registered sale deeds bearing registration No.2984 Additional Book No.1 Volume No. 868 at pages 3-4 dtd. 28/5/1997; registration No.2985 Additional Book No.1 Volume No. 868 at pages 5-6 dtd. 28/5/1997 and registration No.4732 Additional Book No.1 Volume No. 571 at pages L7-18 dtd. 3/7/1997 respectively.

(3.) Learned counsel for the petitioner submits that in the year 2003-04, the Government of Haryana started the process of acquiring large chunk of land in the vicinity, including the land of the petitioner which falls in the industrial zone. Hence, the petitioner along with other persons filed writ petition before the Punjab and Haryana High Court being CWP No.19330/2005 wherein vide order dtd. 28/1/2011, the said Court released the entire land except these lands which form parts of the roads/green belts or common sites or public utility service/area etc. In rebuttal, State of Haryana filed Special Leave Petition before the Hon 'ble Supreme Court of India, however, the same was dismissed vide order dtd. 26/8/2011. In pursuance to order dtd. 28/1/2011, Government of Haryana released the land of the petitioner from its acquisition. In compliance of the abovesaid directions, the petitioner applied for change of land use on 19/2/2014 and 30/6/2015 before Municipal Corporation of Gurgaon and District Town and Country Planning Gurgaon/Chandigarh.