S.RAVINDRA BHAT

The present appeal by the unsuccessful defendant (hereafter “ITPO”) is directed against the judgment and decree of a learned Single judge of this Court, dated 11-10-2006 in CS (OS) 1861/1994.

2. The plaintiff, a registered society (hereafter referred to variously as “the Society” and “the plaintiff”) used to promote the interests of the textile business. ITPO is a Central Government agency and custodian of a piece of land in New Delhi which houses trade fairs, i.e. the Pragati Maidan.

3. The Society wanted to host an exhibition and approached ITPO for licensing space. The society’s query was responded to by ITPO on 18.07.1990 by a telegram stating that in principle it agreed to provide an area of approximately 13,000 sq. meters. Rs. 25 lakhs as advance license fee was sought from the society. It was told that thereafter ITPO would confirm the space to be licensed as well as the duration of the license. Parties subsequently exchanged letters about the details of the space, the hall, license fee particulars such as what was to be charged per square meter, rebate, etc. At that time, during August, October and November 1990, three payments in the sum of Rs. 5 la