W.P. No. 10252/2010
09.08.2010
Shri Sanjay K. Agrawal for the petitioner.
Smt. A. Ruprah for the respondents.
Petitioner sought the following reliefs :-
(i) Hon'ble Court be pleased to issue a writ in
the nature of mandamus commanding
respondents to forthwith allot balance space to
the petitioner for exhibition of hoardings, glow-
sign and board as per terms and conditions of
the agreement dt. 3/8/09.
(ii) Hon’ble Court be further pleased to direct
respondents to grant remission to the petitioner
in proportion to the area not allotted to the
petitioner for the aforesaid work.
(iii) Any other suitable relief deemed fit in the
facts and circumstances of the case may also
kindly be granted together with the cost of this
petition.
At the out-set learned counsel for the petitioner submitted that
the petitioner is making short grievance before this Court for issuance
of direction to the respondents to decide representations Annexures-
P-5 and P-6 which are pending before them since 11 th March, 2010 and
20th July, 2010.
Learned counsel appearing for the respondents submitted that
there is an arbitration clause in the agreement and the petitioner has
issued notice for appointment of Arbitrator, which the respondents are
considering. It is submitted that no directions are required in the case.
As Shri Agrawal, learned counsel for the petitioner has made
prayer for consideration of the representations Annexures-P-5 and P-6
by the respondents, we are not inclined to pass any order on merits of
the case, but are directing respondent No. 2 to consider and decide
representations of the petitioners Annexures-P-5 and P-6 expeditiously,
as far as possible within 30 days from the date of communication of this
order and communicate his decision to the petitioner forthwith. It is
made clear that no opinion on merits of the case has been expressed
by this Court and respondent No. 2 shall be free to decide and deal
with the matter in accordance with law.
With the aforesaid, the petition is disposed of. No order as to
costs.
(Krishn Kumar Lahoti) (J.K. Maheshwari)
Judge Judge
ap
