RAJIV SAHAI ENDLAW
FORTUNE GRAND MANAGEMENT PVT. LTD. – Appellant
Versus
DELHI TOURISM & TRANSPORT DEVELOPMENT CORPORATION – Respondent
RAJIV SAHAI ENDLAW, J.
1. The petition impugns the proceeding initiated by the respondent in Petition No.1/2016 titled Delhi Tourism and Transport Development Corporation Vs. M/s Fortune Grand Management Pvt. Ltd. before the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act) on the grounds i) that the Agreement dated 16th August, 2013 between the parties provide for resolution of all disputes by reference to Arbitral Tribunal comprising of three Arbitrators with the petitioner and the respondent appointing one Arbitrator each and the third Arbitrator being appointed by the two Arbitrators; ii) that the petitioner prior to initiation of proceedings under the PP Act had already initiated arbitral proceedings by instituting petitions in this Court under Section 9 and Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) and till the question whether the purported termination of the agreement by the respondent is legal or not, the possession of the petitioner of the premises cannot be said to be unauthorized and two parallel proceedings cannot simultaneously go on; and, iii) that Sh. Piyush Agarwal Estate Of
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