M/S Pujas Shilpkala Pvt Ltd v. Centre For Indian Classical Dances & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. 554/2013 M/S PUJAS SHILPKALA PVT LTD ..... Petitioner Through Mr.Ashok Kumar, Adv.

versus CENTRE FOR INDIAN CLASSICAL DANCES & ANR ..... Respondent Through Mr.Dinesh Rastogi and Ms.Harshita Agarwal, Advs.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 27.09.2017 This petition is filed under section 9 of the Arbitration and Conciliation Act, 1996 seeking to restrain the respondents from taking possession of the property in question. As per the petitioner a plot measuring 1700 sq. meters situated at Gulmohar Park, Hauz Khas New Delhi was allotted to respondent No.1 by DDA. Thereafter a perpetual lease deed dated 26.3.1987 was executed and registered in favour of respondent No.1 Society. An MOU dated 4.8.2003 was entered into between respondent No.1 and one Shri A.P.Sood. Shri A.P.Sood assigned all his rights and interests under the MOU in favour of the petitioner with knowledge, consent and concurrence of the respondents. An MOU dated 4.8.2003 is said to have been executed between Shri A.P.Sood on one hand as Assignor and the petitioner on the other hand. Subsequently, a collaboration agreement dated 30.8.2003 was executed between the petitioner and respondent No.1 for development and construction of the building/superstructure on the said plot

of land.

Disputes having arisen between the parties present petition has been filed.

Learned counsel for the respondent submits that the land in question which is the subject matter of the collaboration agreement is lying sealed by MCD. He in any case submits that the respondents will not dispossess the petitioner except by due process of law.

In view of the above and binding the respondent No.1 to the said submission, the present petition stands disposed of.

All pending applications, if any, also stand disposed of accordingly. JAYANT NATH, J SEPTEMBER 27, 2017 n OMP 554/2013