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K. R. SHRIRAM, SENTHILKUMARRAMAMOORTHY
Velan Hotels Ltd – Appellant
Versus
Mohan Clothing Pvt. Ltd – Respondent
JUDGMENT :
(Delivered by the Hon'ble Chief Justice)
Prayer : Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13(1) of the Commercial Courts Act to set aside the order passed by the Commercial Court, Coimbatore, dated 24.8.2023 in A.O.P.No.26 of 2023 confirming the order of the Arbitrator.
Appellant had developed a shopping mall-cum-entertainment complex by name “The Velan Esplanade”. Appellant entered into Leave and License Agreement dated 12.12.2012 with first respondent and has agreed to grant the store space, being Shop No.E2. The license fee for the first year was Rs.85,176/- per month, excluding applicable service tax. The license fee for the second and third years was Rs.93,366/-. After the third year, the license fee was to be increased 15% for every three years.
2. The licensee was liable to pay the license fee, maintenance charges, service tax and all other charges, expenses payable for the licensed premises on and from the date of (a) completion of fit out period of 60 days; or (b) commencement of mall operations by appellant, whichever is later, irrespective of whether the licensee has commenced retail operations of store or not. The l
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