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2017 Supreme(Del) 3560

VIBHU BAKHRU
MAYAR HEALTH RESORTS LIMITED – Appellant
Versus
INDIAN TOURISM DEVELOPMENT CORPORATION – Respondent


Advocates Appeared:
For the Petitioner:Mr Anil Sapra, Senior Advocate with Ms Manjula Gandhi, Mr Aditya Kapoor, Mr Sarthak, Ms Piyusha Singh, Mr Shivanshu Kumar, Mr Jaideep Singh and Mr Kartik Bhardwaj
For the Respondent:Mr Ravi Sikri, Sr. Advocate with Ms Shweta Bharti, Mr Neelesh Sinha, Ms Anamika Dubey and Mr Ravi Thakur

JUDGMENT :

VIBHU BAKHRU, J.

1. Mayar Health Resorts Limited (hereafter ‘Mayar’) has filed the present petition, inter alia, praying that the Indian Tourism Development Corporation (hereafter ‘ITDC’) be directed to renew the license granted to Mayar for running a health club at the Ashok Hotel, Chanakyapuri, New Delhi.

2. This petition is, in effect, the fourth round of litigation concerning the license granted by ITDC to Mayar.

3. The relevant facts necessary to address the controversy in the present petition are briefly stated hereafter.

4. ITDC and Mayar entered into a license agreement dated 01.09.2003 (hereafter ‘the Agreement’), whereby Mayar was granted a license with respect to a space admeasuring 20,000 sq. ft. in the building premises of Ashok Hotel, Chanakyapuri, New Delhi, to set up an “International Standard SPA and Health Club in Technical Assistance with M/s Serena Spa Pvt. Limited”. The said license was granted for a period of 10 years commencing from 01.03.2004. Clause I(2) of the Agreement provided that the license may be renewed at the option of the licensor [ITD











































































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