M/S Unique Infoways Pvt Ltd v. Delhi Metro Rail Corporation & ANR

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 217/2016 M/S UNIQUE INFOWAYS PVT LTD ..... Petitioner Through Mr.Randhir and Mr. Dhanajay Jain, Advocates.

versus DELHI METRO RAIL CORPORATION & ANR ..... Respondents Through None.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 04.03.2016 Petitioner is aggrieved by the order dated 01.3.2016 passed by the Civil Judge in Suit No.65 of 2016. This suit is a suit for mandatory injunction. The prayer made in the suit is a direction to the defendant (the Delhi Metro Rail Corporation) to make available certain records i.e. the correspondence between the Delhi Metro Rail Corporation and its licensees and sub-licensees. The Trial Court had recorded that on a specific query put to the plaintiff he was not sure as to whether this record could be made available through RTI or not. Summons of the suit had been issued for 09.5.2016. The argument addressed before this Court is that proceedings are pending before the Arbitral Tribunal and unless and until the record is inspected by the claimant i.e. the record of the DMRC he will be not in a position to file a reply to the counter-claim filed by

the respondent before the Arbitral Tribunal.

The impugned order which is the order dated 01.3.2016 giving a date of 09.5.2016 in no manner suffers from any infirmity which calls upon this Court to interfere in its supervisory jurisdiction under Article 227 of the Constitution of India. The reason for giving the date of 09.5.2016 which is just two months from 01.3.2016 has also been detailed in the said order. It is not perverse not calling for any interference, this petition is dismissed.

INDERMEET KAUR, J MARCH 04, 2016 ndn