Government Of Haryana & ANR. v. Lg Government Of Delhi & ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 16.

+ O.M.P. (I) (COMM.) 131/2016 GOVERNMENT OF HARYANA & ANR.

..... Petitioners Through: Mr. Arun Bhardwaj, Advocate.

versus LT. GOVERNOR OF DELHI & ANR.

..... Respondents Through: Mr. Sanjay Kumar Pathak, Ms. K.

Kaomudi Kiran Pathak and Mr. Kushal Raj, Advocate for GNCTD/R-1.

Mr. R.V. Sinha, Mr. Ruchir Mishra and Mr. A.S. Singh, Advocate for UOI/R-2.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 16.03.2017

1. A detailed order has been passed in Arb. P. No. 366 of 2009 appointing a sole Arbitrator for adjudication of the disputes between the parties. The subject matter of the arbitration is a dispute arising out of a Perpetual Lease Deed dated 22nd December, 1975 whereby Petitioner No. 1 was given on lease a parcel of land at Adchini village for a period of 100 years.

2. It was noticed that initially a writ petition was filed by the Government of Haryana soon after the termination of the lease deed by the Respondent. An interim order staying the dispossession of Petitioner No. 1 was passed in the said writ petition on 13th March, 2000. That order continued during the pendency of the Arb. P. No. 366 of 2009.

OMP (I) (Comm.) 131 of 2016

3. In the present petition, an order was passed initially on 3rd July, 2009 directing status quo to be maintained. That order has continued since then.

4. In the circumstances, the Court directs that the interim order passed by the Court staying the dispossession of Petitioner No. 1 will continue during the pendency of the arbitration proceedings subject to the sole Arbitrator modifying, varying or vacating the order in accordance with law, if the situation so warrants, on an application by either party under Section 17 of the Arbitration and Conciliation Act, 1996.

5. The petition is disposed of in the above terms. S. MURALIDHAR, J MARCH 16, 2017/dn OMP (I) (Comm.) 131 of 2016