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Judgment
M.M. Kumar, ACJ
The prayer made in the instant petition filed in public interest is for issuance of direction to the respondents to determine/ recover rent from the
shopkeepers of Krishna Gate Shopping Complex and Palika Bazar Shopping Complex because the Municipal Council, Thanesar, Kurukshetra
has been suffering loss of crores. Further direction has also been sought to ensure smooth functioning of shops in the Shopping Complex or take
affidavit from the shopkeepers of both complexes to commence their business in specified time.
After notice of motion having been issued and filing of reply, a copy of the award dated 14.10.2010 has been brought on record as Annexure
R-7. The aforementioned award appears to have been passed in pursuance of directions issued in various writ petitions including CWP No. 13548
of 2008 decided on 14.07.2010. According to concluding para of the award, the Arbitrator has passed the award in favour of the petitioners of
the aforesaid petition with costs of Rs. 10,000/-and Municipal Council, Thanesar, has been directed to complete the work in all respects of the
shopping complex, situated in Kacha Gher within a period of one month and further directions have also been issued in the aforesaid award. The
aforesaid award is now subject matter of challenge at the instance of the Municipal Council, Thanesar before the District Judge Kurukshetra and
the matter is pending.
Having heard learned counsel for the parties, we are of the considered view that the petitioner as catalyst has brought to notice of this Court the
various aspects of the aforesaid two Shopping Complexes, which have resulted in passing of the award by the Arbitrator on account of directions
issued in the above petitions. The result is that all issues are being taken to its logical end after passing of the award and the matter is live before the
judicial forum as per the Arbitration Act. The object of the present petition stands achieved and no further direction would be required.
Accordingly, the writ petition is disposed of.