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2007 Supreme(Del) 1511

SHIV NARAYAN DHINGRA
SHIVNATH RAI HARNARAIN (INDIA) LIMITED – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
R.P.Sharma, S.SHANKAR

( 1 ) BY this application, under Section 9 of the Arbitration and conciliation Act 1996, the petitioners have claimed interim injunction to restrain respondents from creating third party interest in the parking lot attached to the Samrat Cinema during the pendency of the arbitration proceedings for which a notice has already been served by the petitioners.

( 2 ) BRIEFLY the facts relevant for deciding this application are that there is a parking site attached with the cinema. This site was given on the license basis to the petitioners on monthly license fee of Rs. 11,500/- vide an agreement dated 6. 12. 2004 Duration of the contract, as stated in the agreement was five years from the date of handing over of the site. The contract was to be renewed every year with enhanced monthly license fee by 5%, subject to satisfactory completion every year of the contract. Even after five years, contract could be extended by the Commissioner, MCD at his discretion for a period of one year. The site was released in favour of the petitioners on the license basis since petitioners bid was found to be the highest. Petitioners were to charge prescribed parking rate. e Rs. 5/- for first two hours an




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