NARESH MAHESHWARI Vs. COMMISSIONER MCD

JUDGEMENT

(1.) THE petitioner seeks interim measures with respect to an agreement with the respondent Municipal Corporation of Delhi (for short 'mcd') providing for arbitration. The petitioner has also preferred Arbitration Petition No. 376/ 2009, also listed today, under Section 11 of the Arbitration and Conciliation act, 1996 (hereinafter referred to as 'the Act' ). Directions for appointment of arbitrator have been issued in the said other petition.

(2.) THE tender of the petitioner for operation of the parking site near/outside the Maharaja Agarsain Hospital, Punjabi Bagh, Delhi was accepted and a provisional offer letter dated 8th August, 2007 issued by the respondent. The petitioner pursuant thereto came into management/occupation of the said parking site. However, disputes arose between the parties, with the petitioner contending that 60% of the area of the parking site was not available for parking owing to restrictions placed by the Police Station in the adjoining property. The petitioner thus claimed remission in the licence fee which he had agreed to pay to the respondent MCD.

(3.) THE counsel for the petitioner has contended that, in fact, the respondent mcd also admitted that the entire area on the basis whereof the bid had been submitted by the petitioner was not available for parking but arbitrarily gave a remission of 25% only and that too from the date on which such remission was sanctioned; it is contended that there is no reason for not giving remission from the date of the commencement of the contract of the petitioner i. e. 27th august, 2007. The said disputes led to the filing of the petition aforesaid under Section 11 of the Act.