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2018 Supreme(Del) 354

NAVIN CHAWLA
ASCOT HOTELS AND RESORTS PVT. LTD. – Appellant
Versus
CONNAUGHT PLAZA RESTAURANTS PVT. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajat Arora and Ms. Vishalakshi Singh, Advs.
For the Respondent: Mr.Sandeep Sethi, Sr. Adv. with Ms.Kanika Agnihotri, Mr.Preet Singh Oberoi, Advs.

JUDGMENT :

1. This appeal has been filed by the appellant under Section 37(2) of the Arbitration & Conciliation Act, 1996 challenging the order dated 12th April, 2017 passed by the Sole Arbitrator in arbitration proceedings No. DAC/1476/12-16, Connaught Plaza Restaurant vs. Ascot Hotels & Resorts Ltd. & Anr. The Arbitrator vide his impugned order has directed maintenance of status quo with respect to the ‘license area’ that is an area of approximately 2500 sq.ft, covered area along with terrace in the building constructed on Khasra No.656/1 and Khasra No.621 in Mauja Gahi, Tehsil Kasauli, District Solan, Himachal Pradesh along with storage area of 450 sq.ft in the basement of the said property.

2. The disputes between the parties arise out of the License Agreement dated 19th December, 2006 by which the license area along with the storage area in the basement was given on a license basis by the appellant to the respondent for running of a restaurant in the name of McDonald's Family Restaurants. The license was for a period of 20 years with an option to renew the same for a further term of 5 years. Some of the terms and conditions of the License Agreement that are relevant for the purp













































































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