Delhi High Court - Orders
Hindustan Publicity Pvt Ltd vs Delhi Metro Rail Corporation & Anr on 12 September, 2024
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 310/2024
HINDUSTAN PUBLICITY PVT LTD .....Petitioner
Through: Mr Saket Sikri, Mr Ajay Pal Singh Kullar, Mr
Vikalp Mudgal, Mr Prakhar Khanna, Mr Vignesh
Raj T and Mr Priyansh Choudhry, Advs.
versus
DELHI METRO RAIL CORPORATION & ANR.
.....Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 12.09.2024 I.A. 39318/2024
1. Exemption is granted subject to all just exceptions.
2. The petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing.
3. The application is disposed of.
O.M.P.(I) (COMM.) 310/2024
4. This is a petition under Section 9 of the Arbitration and Conciliation Act 1996 seeking interim directions.
5. It is stated that the respondent No. 1 invited bids for selection of Licensees for granting license for exclusive co-branding rights at selected DMRC Metro Stations. The petitioner's bid of Rs. 63 lakhs was accepted for Preet Vihar Metro Station. However, since the space was not available at 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 19/09/2024 at 04:59:10 Preet Vihar Metro Station, the respondent No. 1 allotted an equivalent 100 sqm. outdoor advertisement space at Okhla NSIC Metro Station, PD Building in place of 100 sqm. of outside space of Preet Vihar Metro Station. For the said space, the petitioner paid an additional amount which was accepted by the respondent No. 1 i.e. DMRC.
6. When the petitioner sought to utilise the space for advertising, respondent No. 2 prevented the petitioner from utilising the said space on the pretext that respondent No. 2 has been allotted that building. It is stated that respondent No. 2 is now trying to usurp that space and utilise the same for its purposes. Hence, the present petition.
7. It is stated by Mr Sikri, learned counsel appearing for the petitioner that the respondent No. 2 cannot prevent the petitioner from utilising the space primarily for 2 reasons: (a) it has been rightly allotted by DMRC i.e. respondent No. 1; and (b) the respondent No. 2 does not have any right to utilise that space as it has not been given to respondent No. 2.
8. From the above narration, it seems that the area of 100 sqm. of outdoor advertisement space at Okhla NSIC Metro Station, PD Building has been allotted to the petitioner for which the petitioner has tendered a sum of about Rs. 76 lakhs and the respondent No. 2 is not permitting the petitioner to utilise that space and further use the space for its own benefit.
9. Under Section 9 of the Arbitration and Conciliation Act, 1996, this Court has the power to preserve the interim custody and preservation of the subject matter of the arbitration agreement. The petitioner has also shown a prima-facie case, balance of convenience and irreparable loss and injury.
10. For the said reasons, issue notice to the respondents by all modes including electronic on the petitioner taking requisite steps within one week 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 19/09/2024 at 04:59:10 from today, returnable on 09.12.2024.
11. In the meanwhile, the respondents are restrained from modifying/ altering the facade of 100 sqm. outdoor advertisement space at Okhla NSIC Metro Station, PD Building allotted to the petitioner in terms of Letter of Acceptance dated 19.02.2024 issued by the respondent No. 1 to the petitioner, more particularly shown in the photograph attached with the Letter of Acceptance.
12. Dasti.
JASMEET SINGH, J SEPTEMBER 12, 2024 sr Click here to check corrigendum, if any 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 19/09/2024 at 04:59:11