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2020 Supreme(Del) 675

JYOTI SINGH
Overnite Express Limited – Appellant
Versus
Delhi Metro Rail Corporation – Respondent


Advocates Appeared:
A.K. Singla, Advocate, Divyakant Lahoti, Advocate, Rohit Gandhi, Advocate, Ashish Srivastava, Advocate, Meet Malhotra, Advocate, Vibha Mahajan Seth, Advocate

JUDGMENT

Jyoti Singh, J. - Present petitions have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ''Act'') seeking direction to the Respondent to handover the licensed area on ''as is where is basis'' i.e. restore the licensed Areas in Schedule-I to Schedule IV respectively, to the pre-bid status including reinstallation of power, cables etc. Relief is also sought for injuncting the Respondent from raising invoices or any other amount towards the license fee upto 180 days after handing over the licensed areas as well as to make the elevators, escalators and other utilities functional. Petitioner also seeks restraint against the Respondent from taking any coercive steps under the 4 License Agreements all dated 04.02.2019. Since, the petitions raise common questions of fact and law, they are being decided by a common judgment.

    2. The brief facts as set out by the Petitioner are that the Respondent Corporation on 09.07.2018 invited open bids by E-tender for licensing of commercial space/area on different floors/levels at New Delhi Metro Station of Delhi Airport Express Line of DMRC network (referred to as ''Areas'' hereinafter) o

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