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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Asian Hotels (North) Ltd. - Appellant
Versus
Kumar Gallery Pvt. Ltd. - Respondent
Arb.P. 737 of 2021
Decided On : 27-08-2021
Important Points
Subject
Arbitration - Appointment of Arbitrator
Headnote
(B) Resolution of Disputes - Respondent accepted termination of License Agreement and agreed to hand over possession of the shop on 02.09.2021, leading to the conclusion that no further consideration by the Court is necessary. (Paras 5-8)
Facts of the case:
The petitioner, a public limited company, owns a hotel and entered into a License Agreement with the respondent for the use of a shop. The petitioner revoked the agreement, leading to disputes over possession.
Findings of Court:
The Court acknowledged the respondent's acceptance of the termination and readiness to hand over possession of the shop, resulting in the petition being disposed of.
Issues: The primary issue was the legitimate termination of the License Agreement and the respondent's response to it.
Ratio Decidendi: The court found that since the respondent accepted the termination and was willing to vacate the premises, the matter was satisfactorily resolved without the need for further arbitration.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. factual background and context of the case (Para 1 , 2 , 3 , 4) |
| 2. acceptance of termination and agreement on possession (Para 5 , 6 , 7) |
| 3. disposal of the petition (Para 8 , 9) |
JUDGMENT
Suresh Kumar Kait, J. (Oral)--The hearing has been conducted through video conferencing.
1. Present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of the disputes between the petitioner and respondent.
2. The facts of the case are that the petitioner is a public limited company listed on the National Stock Exchange and is the owner of a hotel located in a building complex in the name and style of Hyatt Regency, Bhikaji Cama Place, New Delhi.
3. Pertinently, the dispute inter se parties arise out of the License Agreement dated 18.01.1988 entered between the parties, by virtue of which respondent was permitted to use Shop No. U-68, located at the Shopping Arcade, Hotel Grand Hyatt, Bhikaji Cama Place, New Delhi. The said License Agreement was time to time extended through Renewal Agreements.
4. However, petitioner by communication dated 29.05.2020 revoked the license agreement and called upon the respondent to remove all its goods/belongings from the premises by 01.06.2020. On the contrary, respondent by communication dated 29.06.2020, disputed the aforesaid revocation and refused to remove all his goods/belongings from the subject premises.
5. Today during the course of hearing, learned counsel for respondent submits that respondent has accepted the termination order dated 29.05.2020 and is willing and ready to hand over the possession of the premises in question to the petitioner.
6. The aforesaid submission of respondent is accepted by counsel for petitioner.
7. Learned counsel for respondent further submits that the respondent shall remove goods/articles lying in the shop in question and shall hand over peaceful possession of the shop in question to the petitioner on 02.09.2021. It is accepted by learned counsel for the petitioner.
8. In view of the aforesaid, nothing remains in the present petition to be considered by this Court.
9. The petition is, accordingly, disposed of.
