F.A.O.No. 7020 of 2010 F.A.O.No. 7021 of 2010 1 In the High Court for the states of Punjab and Haryana at Chandigarh F.A.O.No. 7020 of 2010 Date of Decision: 26.11.2010 M/S. Traffic Media (India) Pte. Ltd. Appellant Vs. Municipal Corporation Faridabad. Respondent. F.A.O.No. 7021 of 2010 Date of Decision: 26.11.2010 M/S. Traffic Media (India) Pte. Ltd. Appellant Vs. Municipal Corporation Faridabad. Respondent. `````` Coram: Hon’ble Ms.Justice Ritu Bahri Present: Mr. Lokesh Sinhal, Advocate, with Mr. Vivek Kumar, Advocate, for the appellant. 1 To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Ritu Bahri, J. This order shall dispose of F.A.O.No. 7020 of 2010 and F.A.O. No. 7021 of 2010. F.A.O.No. 7020 of 2010 F.A.O.No. 7021 of 2010 2 This appeal has been filed for modification of the order dated 17.9.2010 passed by learned Additional District Judge, Faridabad. This order has been passed on the application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking to restrain the respondent-Municipal Corporation,Faridabad against cancellation/termination of agreement dated 12.7.2006 in respect of pole kiosks till the period of agreement in question. By disposing of this application, the ad-interim relief was granted subject to two conditions:- 1. That the petitioner shall immediately move concerned authority as per agreement for appointment of arbitrator within one week; and 2. That all the contractual obligations by the appellant shall be fulfilled i.e. payment of licence money as per agreement would be paid in accordance with the agreement between the parties. In compliance of the above order, the appellant gave notice for appointment of arbitrator on 20.09.2010. An application under Section 11(6) of the Arbitration and Conciliation Act, 1996 was subsequently moved in this F.A.O.No. 7020 of 2010 F.A.O.No. 7021 of 2010 3 Court. As per the second condition, the appellant was to make payment of the licence fee as per agreement due to the Municipal Corporation. In case, the payment was not made, the Municipal Corporation was free to go ahead with tender notice. On 12.10.2010, the Municipal Corporation issued a fresh tender notice. The appellant, thereafter, filed another application under Section 9 of the Act on 25.10.2010 for restraining the Municipal Corporation from going ahead with the tender notice dated 12.10.2010. In reply to the application under Section 9 of the Act, the Municipal Corporation has given details of the payment due from the appellant or licence fee as per the agreement between the parties. As per reply, licence fee for two quarters i.e. for the period 12.1.2010 to 11.4.2010 and 12.4.2010 to 11.7.2010 was due from the appellant. The appellant submits that this fact was not brought to the notice of the Court when the order dated 17.9.2010 was passed. The appellant admits that the total amount due for two quarters becomes Rs.8,80,515/-. The appellant states that this amount for both quarters includes the F.A.O.No. 7020 of 2010 F.A.O.No. 7021 of 2010 4 amount due in the second contract as well. Learned counsel for the appellant on instructions from the appellant submits that he is ready to deposit a sum of Rs.5,00,000/- by 29.11.2010. The rests of the amount as per the appellant is lying with the Municipal Corporation deposited on account of advance advertisement fee for advertisement rights on Garbage Centers vide receipt No. 2163 dated 26.3.2008 vide cheque No. 145540 dated 17.3.2008 drawn on Indian Overseas Bank, IP Extension Branch, Delhi. In view of the above statement, the present appeal is disposed of with a direction to the Court to decide the application under Section 9 of the Act which is pending on 30.11.2010 for ad-interim direction. In case, the payment of Rs.5,00,000/- is made, the Court will pass appropriate order in accordance with law. A photo copy of this order be placed on the file of connected case. 26.11.2010 ( RITU BAHRI) Anoop JUDGE F.A.O.No. 7020 of 2010 F.A.O.No. 7021 of 2010 5