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2023 Supreme(Del) 4549

MINI PUSHKARNA
Sustainable Luxury Gravity Global Pvt. Ltd – Appellant
Versus
Estate Officer India Tourism Development Corporation – Respondent


Advocates appeared:
Mr. Harish Malhotra, Senior Advocate with Ms. Shivani Kher, Advocate, for the Petitioner.
Mr. Anish Chawla and Mr. Neeraj Kumar, Advocates, for the Respondents.

JUDGMENT

Mini Pushkarna, J. The petitioner impugns order dated 06.03.2023 passed by the learned Estate Officer. By way of the said order dated 06.03.2023, the learned Estate Officer has dismissed the application filed on behalf of the petitioner under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), by which the petitioner had sought rejection of the complaint pending before the learned Estate Officer filed on behalf of respondent no. 2 seeking arrears of licence fees from the petitioner herein for the public premises occupied on behalf of the petitioner.

2. Facts in brief are that the respondent no. 2 issued Notice Inviting Tender/bid dated 27.06.2018 for licensing non-air-conditioned space for operating "International Standard Spa, health club and swimming pool" at Ashoka Hotel, New Delhi. The petitioner participated in the tender process and emerged as a successful bidder. Thus, a Letter of Intent dated 13.12.2018 was issued by the respondent no. 2 to the petitioner.

3. Consequently, the petitioner and respondent no. 2 entered into a licence agreement dated 18.06.2019 in respect of space admeasuring 47,481.66 square feet situated at Ashoka Hotel, Chank

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