( 1 ) AGGRIEVED by the order dated 18th May, 2001 disposing of IA No. 3075/2000, plaintiff/appellant has filed the present appeal. By the impugned order appellant has been directed to pay licence fee @ 21 % of its gross turnover.

( 2 ) IN brief, facts relevant for the determination of the present appeal may be noted. The respondent/ndmc, being the owner of a parcel of land at Windsor Place, Janpath, invited offers from parties to have the land licenced to them on certain terms and conditions. The site was to be used for construction of a Five Star Hotel. Various offers were received. One of the offer received was from M/s Pure Drinks (New Delhi) Ltd. This was accepted by the respondent. The offer was that the licencee offered to pay a licence fee of 23% of the gross turnover or Rs. 2. 68 crores per annum, which ever was higher. This offer of 23% of the gross turnover was subsequently reduced to 21% of the gross turnover.

( 3 ) A licence agreement dated 16. 4. 1981 was executed. Rights of the licencee M/s Pure Drinks New Delhi Ltd. were assigned/taken over by the appellant and on 14. 7. 1982 a licence agreement was entered into.

( 4 ) AS per the licence deed dated 1