IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 962 of 2009 (M/S) Smt. Neela Sah W/o Shri O.P. Sah R/o House No.116-120 Mallital, Nainital (District - Nainital). Partner M/s New Capital Cinema, Mallital, Nainital. ……….. Petitioner Versus Nagar Palika Parishad, Nainital through its Executive Officer, Nainital, District Nainital. ………… Respondent …………………………. Sri Siddhartha Sah, learned counsel for the petitioner. Sri Rajendra Dobhal, Senior Advocate, assisted by Sri D.S. Patni, learned counsel for the respondent. Date July 13, 2009 Hon’ble B.S.Verma, J. By means of this writ petition, the petitioner has sought writ in the nature of certiorari for quashing the order dated 26.06.2009 passed by the 1st Additional District Judge/1st F.T.C., Nainital whereby the application (Paper No.23 Ga) in Misc. Arbitration Case No.86 of 2007 M/s New Capital Cinema, Mallital, 2 Nainital versus Nagar Palika Parishad, Nainital (contained in Annexure No.13 to the writ petition) was rejected. 2. The petitioner, by claiming herself to be the partner of M/s New Capital Cinema, Mallital, Nainital, has filed an application (Paper No.23 Ga) before the court below in Misc. Arbitration Case No.86 of 2007 with the prayer that in the interest of justice, the opposite party be ordered to hand over the goods of the applicant lying in the shop situated in the Capital Cinema Premises. Objections have been filed by the respondent that the shop was sealed on 19.05.2009 in compliance of the order dated 12.05.2009 which was passed in Writ Petition (PIL) No. 35 of 2009. In the SLP filed by the M/s New Capital Cinema, Hon’ble Supreme Court has passed order to the effect that in the meantime, status quo, as obtaining today, with regard to possession of the disputed premises shall be maintained. The learned Additional District Judge recorded his finding that since the Hon’ble Supreme Court has passed the status quo order in the matter, the application filed by the petitioner is misconceived and rejected the same accordingly. 3. It is pertinent to mention here that arbitration was going on between M/s New Capital Cinema Mallital, Nainital and the Nagar Palika Parishad, Nainital. Arbitral award was made in favour of Nagar Palika Parishad and the objections have been filed by M/s New Capital Cinema. The petitioner claims herself tobe the partner of Firm M/s New Capital Cinema. The learned Additional District Judge did not commit any error of law in holding that since the status quo order has been passed by the Apex Court in the matter regarding possession over the disputed premises, the application is not maintainable, and accordingly, the application (Paper No.23 Ga) has rightly been rejected. 4. In view of above discussion, the writ petition is devoid of merit and is dismissed in limine. (Stay Application No.5370/2009 also stands dismissed accordingly.) Certified copy of this order be supplied to the learned counsel for the parties by tomorrow on payment of necessary charges. (B.S.Verma, J.) 13.7.2009 P.Singh