D.MURUGESAN, RAJIV SAHAI ENDLAW
Maruti Suzuki India – Appellant
Versus
India Tourism Development Corporation – Respondent
Rajiv Sahai Endlaw, J.
1. This intra court appeal impugns the order dated 30th October, 2012 of the learned Single Judge of dismissal of WP(C) 5011/2010 preferred by the appellant. The said writ petition was preferred impugning the legal notice dated 14th June, 2010 issued by the advocate for the respondent no.1 ITDC to the appellant of termination of the Lease Agreement of property No. C-119 Naraina Industrial Area, Phase 1, New Delhi with the petitioner and the consequent notice dated 1st July 2010 issued by the respondent No.2 being the Estate Officer of the respondent No.1 to the petitioner under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act). The appellant by the said writ petition also sought to prohibit the respondents from evicting the appellant from the said property and further sought mandamus directing the respondents to allow the appellant to continue carrying on its business from the said property.
2. The learned Single Judge did not agree with the contention of the appellant that the proceedings under the PP Act were not maintainable owing to the existence of an arbitration clause in the lease agreement between the
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S.K. Verma Vs. Mahesh Chandra (1983) 4 SCC 214.
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