MANAGING DIRECTOR, MP WAREHOUSING & LOGISTICS CORPORATION & OTHERS Vs. M/S MAY FAIR WAREHOUSING AND OTHERS

JUDGEMENT

(1.) THIS application has been filed for clarification of an order passed by this Court on 13.2.2012, in Writ Petition No. 8434/2010. Office has raised an objection that a review application should have been filed and this application is not maintainable.

(2.) AS only clarification of certain directions issued is sought for, the office objection is over -ruled.

(3.) SECTION 4, of the Act of 1948, contemplates a procedure for determining the amount for requisitioning an accommodation. According to the provisions of Section 4(1)(a), initially the amount has to be settled on the basis of an agreement entered into between the requisitioning authority and the owner i.e.... the Collector and non -applicant No. 1, and if the agreement is not entered into and if the procedure contemplated under section 4(1)(a) fails, then the matter has to be referred for arbitration to the District Judge or the Additional District Judge or a Civil Judge, in accordance to section 4(1)(b), of the Act of 1948.