Disposed

M/S Aom Advertising Pvt. Ltd. v. M/S Delhi Transport Infrastructure Development Corporation Ltd. (Dtidcl)

Delhi HC15 Apr 2025O.M.P.(I) (COMM.)/129/2025

Case brief

AI extract

What is this about?

Section 9 petitions seeking a stay of termination notices of Bus Queue Shelter Concession Agreements. Respondent stated it was considering the petitioner's representation and no precipitative action would be taken; court recorded the statement and disposed of the petitions, leaving liberty to pursue remedies.

What the court decided

AI extract

M/S Aom Advertising Pvt. Ltd. Vs M/S Delhi Transport… — Arbitration | Delhi HC (2025)

¶1

$~64 to 66

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- O.M.P.(I) (COMM.) 129/2025

¶4

M/S AOM ADVERTISING PVT. LTD .....Petitioner

¶5

Through: Mr. N.P. Singh, Mr. Barun Dey, Advs.

¶6

versus

¶7

M/S DELHI TRANSPORT INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (DTIDCL) .....Respondent Through: Ms. Archana Surve, Adv. with Mr. Vijay Kumar (DTICDL)

¶8

¶9

- O.M.P.(I) (COMM.) 130/2025

¶10

M/S AOM ADVERTISING PVT. LTD .....Petitioner Through: Mr. N.P. Singh, Mr. Barun Dey, Advs.

¶11

versus

¶12

M/S DELHI TRANSPORT INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (DTIDCL) .....Respondent Through: Ms. Archana Surve, Adv. with Mr. Vijay Kumar (DTICDL)

¶13

¶14

- O.M.P.(I) (COMM.) 131/2025

¶15

M/S AOM ADVERTISING PVT. LTD .....Petitioner

¶16

Through: Mr. N.P. Singh, Mr. Barun Dey, Advs.

¶17

This is a digitally signed order.

¶18

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2025 at 11:53:44

¶19

versus

¶20

M/S DELHI TRANSPORT INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (DTIDCL) .....Respondent Through: Ms. Archana Surve, Adv. with Mr. Vijay Kumar (DTICDL)

¶21

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

¶22

O R D E R % 15.04.2025

¶23

I.A. 9475/2025, I.A. 9476/2025 and I.A. 9505/2025

¶24

Exemption is granted subject to all just exceptions. The applicant(s) shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing. The application is disposed of.

¶25

O.M.P.(I) (COMM.) 129/2025, O.M.P.(I) (COMM.) 130/2025 and O.M.P.(I) (COMM.) 131/2025

¶26

These are petitions filed under section 9 of the Arbitration and Conciliation Act, 1996 seeking the following prayers:

¶27

a) “Allow this petition and pass an interim order in favor of the Petitioner and against the Respondent to stay the arbitrary termination notice of the Concession Agreement for the marketing, operation, and maintenance of Bus Queue Shelters (BQSs) in Zone 2, until the resolution of disputes concerning debit notes and Covid-19 (Second Wave, April to June 2021), as referenced in the document dated 21.01.2025, and to maintain the status quo by restraining the Respondent

¶28

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2025 at 11:53:44

¶29

from engaging in any arbitrary, illegal, or oppressive actions against the Petitioner.

¶30

b) Direct the Respondent to make necessary adjustments against the outstanding dues in accordance with the provisions of the Concession Agreement and relevant representations made by the Petitioner;

¶31

c) Pass an interim order to ensure the compliance of principles of natural justice, mandating that the Respondent to engage and participate in amicable dispute resolution mechanism as outlined in the Concession Agreement without, any further, imposing financial or procedural barriers.

¶32

d) Pass an order to safeguard the rights and protect the interests of the Petitioner by enabling the Petitioner to exercise its entitlements under the Concession Agreement, pertaining to the outstanding dues and other related issues;”

¶33

The other petitions are also seeking the same relief with respect to other zones, namely Zone 4 and 5.

¶34

Ms. Surve, learned counsel who appears on advance notice on behalf of the respondent states that the present petitions are premature as this Court in WP.C. 4295/2025 has already passed an order wherein in para No. 6, it has been observed as under:-

¶35

“6. In the light of the aforesaid and after some hearing, with the consent of the respective counsel for the parties, the present petitions are disposed of with the direction to the

¶36

This is a digitally signed order.

¶37

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2025 at 11:53:44

¶38

respondent no.1 to duly consider the representation of the petitioner dated 20.02.2025 and pass a fresh/supplementary order based on consideration thereof.”

¶39

She has also drawn my attention to an order dated 09.04.2025 of the respondent which reads as under:

¶40

“Pursuant to the order dated 04.04.2025 passed by the Hon’ble High Court of Delhi (enclosed at Annexure-I), it is hereby directed by the Competent Authority, DTIDC, with handing over the BQS stands withdrawn with immediate effect, and any further decision in this regard is kept in abeyance.”

¶41

In this view, she states that the department is considering the representation of the petitioner and thereafter, will pass appropriate orders in accordance with law. Hence, till appropriate orders are passed, no precipitative action will be taken by the respondent department.

¶42

Taking the statement of the learned counsel for the respondent on record (based on the instructions of Mr. Vijay Kumar, Executive Engineer) and binding the same, the present petitions are disposed of.

¶43

The petitioner is at liberty to take appropriate action as and when the cause of action accrues in its favour.

¶44

JASMEET SINGH, J

¶45

APRIL 15, 2025/sp

¶46

Click here to check corrigendum, if any

¶47

M/S Aom Advertising Pvt. Ltd. v. M/S Delhi Transport Infrastructure Development Corporation Ltd. (Dtidcl)

Case brief

What is this about?

What the court decided

M/S Aom Advertising Pvt. Ltd. v. M/S Delhi Transport Infrastructure Development Corporation Ltd. (Dtidcl)

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dakshinn Dilli Swachh Initiatives Limited & Anr. Vs Municipal Corporation of Delhi

Mr Kabeer Proprietor of the Global Zone Hr Services Vs M/S Kehems Technologies Pvt. Ltd.

Best Cold Storage & Vegetable Dehydrates Vs Union of India & Ors.

Gvk Jaipur Expressway Pvt. Ltd. Vs National Highways Authority of India

Solar Optimised Line Private Limited through Shri Ankit Grover Director Vs India Sme Technology Services Limited

Ms Kavita Mittal Vs Tirupati Buildings and Offices Private Limited