Asian Hotels (North) Limited vs Poonam Sood Menon

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
C.HARI SHANKAR
Asian Hotels (North) Limited – Appellant
Versus
Poonam Sood Menon – Respondent

Table of Content
1. lease agreement and shop operations details. (Para 1 , 2 , 3 , 5 , 6)
2. arbitration clause enforcement and context. (Para 4 , 9)
3. contention about arbitration number. (Para 10 , 11 , 13)
4. modification of arbitration clause by law. (Para 14 , 15)
5. petition disposal and tribunal formation. (Para 17 , 18 , 19)

JUDGMENT (Oral)

(Video-Conferencing)

1. By a perpetual lease deed dated 22nd July, 1982, a plot of land, admeasuring 20,000 sq.mtrs., was taken on lease, by the petitioner, from the Delhi Development Authority (DDA). On the said plot of land, the petitioner proceeded to construct and establish the well known Hyatt Regency Hotel, which was completed and came into operation in 1983.

2. The statutory architectural control conditions, applicable in this regard in respect of five star hotels, allowed the petitioner to allot area, in its premises, equal to or less than 2000 sq. mtrs., for commercial purposes. On the basis of the said covenant, the petition avers that 41 shops were constructed, in the aforesaid hotel.

3. Permission to operate the shops was granted, by the petitioner, to various licensees, under individual license agreements. One such license

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DELHI HIGH COURTC.HARI SHANKARAsian Hotels (North) Limited – AppellantVersusPoonam Sood Menon – Respondent

JUDGMENT (Oral)

DELHI HIGH COURT
C.HARI SHANKAR
Asian Hotels (North) Limited – Appellant
Versus
Poonam Sood Menon – Respondent