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Delhi High Court - Orders

M/S Srs Group vs Union Of India & Anr on 13 October, 2023

Author: Subramonium Prasad

Bench: Subramonium Prasad

                                    $~77
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 13572/2023
                                                M/S SRS GROUP                                                                        ..... Petitioner
                                                                                      Through:                 Mr. A. K. Mata, Sr. Advocate with
                                                                                                               Mr. M. M. Singh, Mr. S. K. Patil, Mr.
                                                                                                               Kavan Gaur and Ms. Ayushi Mishra,
                                                                                                               Advs.

                                                                                      versus

                                                UNION OF INDIA & ANR                                                              ...... Respondents
                                                                                      Through:                 Mr. Apoorv Kurup, CGSC with Mr.
                                                                                                               Akhi Hasija, Advs for R-1.
                                                                                                               Mr. Abinash K. Mishra and Mr.
                                                                                                               Gaurav Kr. Pandey, Advs for R-2.

                                                CORAM:
                                                HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                         ORDER

% 13.10.2023 CM APPL. 53604/2023 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 13572/2023 & CM APPL. 53603/2023

1. The Petitioner who was running the staff canteen and Kala Nilayam at the Indira Gandhi National Centre for Arts (IGNCA), has approached this Court by filing the instant writ petition.

2. It is stated that the Petitioner has been asked to vacate vide letter dated 10.10.2023 issued by the Respondent. Material on record discloses that the Petitioner was awarded contract to run the said canteen and the said contract contains an arbitration clause. The question, therefore, is as to whether this This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2023 at 15:29:47 Court should entertain this writ petition or not.

3. Learned Senior Counsel for the Petitioner very fairly states that the Petitioner would take his remedy under law by moving an appropriate application under the Arbitration & Conciliation Act.

4. It is further stated that as of today, the contract has been awarded to some other person. It is stated that the utensils, vessels and other articles of the Petitioner are inside the canteen.

5. The Petitioner states that he will approach the competent court by filing a petition under Section 9 of the Arbitration & Conciliation Act by 16.10.2023. Till that time, the status quo be maintained with regard to the staff canteen and Kala Nilayam at IGNCA.

6. With these observations, the petition is disposed of along with pending application(s), if any.

SUBRAMONIUM PRASAD, J OCTOBER 13, 2023 hsk This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2023 at 15:29:47