Kuldip Singh Pardesi v. Postgraduate Institute Of Medical Education And Research And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH (i) CWP-17112-2020 (O&M) Kuldip Singh Pardesi ...... Petitioner
Versus
Postgraduate Institute of Medical Eduction and Research, Chandigarh and others ...... Respondents (ii) CWP-1350-2021 Aruna ...... Petitioner
Versus
Union of India and others ...... Respondents (iii) CWP-16681-2020(O&M) Karamjit Singh ...... Petitioner
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Postgraduate Institute of Medical Eduction and Research, Chandigarh and another ...... Respondents (iv) CWP-17325-2020(O&M) Navjeet Singh ...... Petitioner
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Postgraduate Institute of Medical Eduction and Research, Chandigarh and others ...... Respondents (v) CWP-17934-2020(O&M) Smt. Shachi Sanwaria ...... Petitioner
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Union of India and another ...... Respondents (vi) CWP-18720-2020(O&M) Robin Gupta and others ...... Petitioners
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Union of India and others ...... Respondents (vii) CWP-20342-2020 (O&M) Indu Bala ...... Petitioner
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Postgraduate Institute of Medical Eduction and Research, Chandigarh and others ...... Respondents
(viii) CWP-3571-2021 Vinod Kumar Arora ...... Petitioner
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Postgraduate Institute of Medical Eduction and Research, Chandigarh and others ...... Respondents (ix) CWP-4197-2021 Bal Krishan ...... Petitioner
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Postgraduate Institute of Medical Eduction and Research, Chandigarh and another ......Respondents (x) CWP-8889-2021 (O&M) Shiv Shakti Welfare Society through its secretary ...... Petitioner
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Government Medical College and Hospital and others ..... Respondents Date of Decision : 30.04.2024 CORAM : HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL *** Present : Mr. Sunil Chadha, Senior Advocate with Mr. Rahul Bhargava and Ms. Devyani Sharma, Advocates for the petitioners in CWP-17112-2020 and 17325-2020. Mr. Chetan Bansal, Advocate for the petitioners in CWP-18720-2020, CWP-1350-2020 and CWP-20342-2020.
Mr. Rahul Sharma-1, Advocate for the petitioners in CWP-16681-2020 and CWP-4197-2021. Mr. Rajiv Kataria, Advocate for the petitioner in CWP-17934-2020.
Mr. D.S.Patwalia, Senior Advocate with Ms. Alisha Sharda, Advocate for the petitioner in CWP-3571-2021. Ms. Nishtha Garg, Advocate for Ms. Dhivya Jerath, Advocate for the petitioner in CWP-8889-2021.
Mr. Satya Pal Jain, Additional Solicitor General of India
with Mr. Dheeraj Jain, Senior Counsel, for the respondent(s)-Union of India.
Mr. Amit Jhanji, Senior Advocate with Ms. Zaheen Kaur, Advocate for the respondent(s)-PGIMER.
Mr. Mayank Sharma, Advocate for the respondent(s)-UT, Chandigarh.
*** VIKRAM AGGARWAL , J 1.
This order shall dispose of 10 writ petitions, titled above. For the purpose of decision of these writ petitions, the facts are being derived from CWP No.17112 of 2020.
2.
Challenge in all writ petitions is to the order dated 03.10.2020 (Annexure P-21) vide which the representations submitted by the petitioners were rejected.
3(i).
In pursuance of tenders having been issued by the respondent(s)- Post Graduate Institute of Medical Education and Research (for short 'PGIMER') for running chemist shops in different areas of PGIMER Campus, provision/grocery store(s), restaurants, shop for vaccine, cafeteria, open site for running Tea/Coffee/Soup Vending machine, Shop for rehabilitation & Artificial Limbs, Hostel mess (Boys and Girls Hostels) in Government Medical College & Hospital, Sector 32, Chandigarh, etc., the petitioners applied and remained successful.
3(ii) Less than a year after the petitioners had started functioning, COVID-19 struck the nation, leading to a complete Lockdown. The petitioners alongwith certain other aggrieved persons knocked the doors of this Court by way of CWP-7345 of 2020 and other connected cases stating
that on account of the COVID-19 Pandemic not only had they suffered losses, it had also become impossible and impracticable for them to fulfill their obligations under the licence deeds executed by them. They sought waiving off the licence fee or to charge the same in easy installments. 3(iii) The writ petitions were disposed of vide judgment dated 03.09.2020 (Annexure P-17) directing the petitioners to submit representations within a period of two days from the date of receipt of certified copy of the said order to the Director, PGIMER, Chandigarh and Director Principal-Government Medical College and Hospital, Sector 32, Chandigarh who in turn were directed to consider and take a conscious decision on the same within a period of 10 days thereafter. 3(iv).
Vide order dated 03.10.2020 (Annexure P-21), the representations were rejected.
4.
Aggrieved by the rejection of the representations, the writ petitions have been preferred.
5.
Since both sides seek expeditious resolution of the issue in hand, therefore, to avert any delay in the same, they have, during the course of arguments, reached a consensus. It has been mutually agreed that for effective and speedy resolution of the disputes, the matter be referred to Arbitration. Learned counsel representing the parties are ad idem that a Single Member Arbitral Tribunal be appointed. 6.
Learned counsel for the parties have, under the circumstances, with mutual consent, proposed the name of Justice Rajiv Narain Raina (Retired) to be the Arbitrator in these cases.
7.
Since the parties have mutually agreed to get their disputes
adjudicated by way of arbitration and have mutually agreed to the appointment of Justice Rajiv Narain Raina (Retired) as the Arbitraror, we order accordingly and appoint Justice Rajiv Narain Raina (Retired) as an Arbitrator to adjudicate upon the disputes between the parties. 8.
Learned counsel for the parties are ad-idem that they shall cause appearance before the aforesaid learned Arbitrator within a period of two weeks from the date of receipt of a certified copy of this order for commencement of the Arbitral proceedings.
The writ petitions are accordingly disposed of in the aforesaid terms.
(ARUN PALLI) (VIKRAM AGGARWAL) JUDGE JUDGE 30.04.2024 mamta Whether speaking/reasoned Yes/No Whether Reportable Yes/No