Neutral Citation Number: 2023:DHC:3460

W.P.(C) 4293/2023

Page 1 of 18

$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 4293/2023 & CM APPL. 16570/2023

M/S SUSTAINABLE LUXURY GRAVITY GLOBAL PVT.

LTD

..... Petitioner

Through:

Mr. Harish Malhotra, Sr. Adv.

with

Ms.

Shivani

Kher,

Advocate. (M): 9811434300

Email: Shivani@auriclaw.com

versus

ESTATE OFFICER INDIA TOURISM DEVELOPMENT

CORPORATION & ANR.

..... Respondents

Through:

Mr. Anish Chawla and

Mr. Neeraj Kumar, Advocates.

(M): 9999690775

Email: officeanishchawla@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

J U D G M E N T

18.05.2023

MINI PUSHKARNA, J.

1.

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

Digitally Signed By:PURAN

SINGH TARIYAL

Signing Date:19.05.2023

09:34:38

Signature Not Verified

Neutral Citation Number: 2023:DHC:3460

W.P.(C) 4293/2023

Page 2 of 18

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, Chankayapuri, New

Delhi. In accordance with the licence agreement, the petitioner was

granted a licence for running and operating an international standard

spa, health club and swimming pool from the licensed premises for a

period of 10 years w.e.f. 18.03.2019 to 17.03.2029. The said licence

was granted to the petitioner on a monthly licence fees of Rs.

40,53,000/-.

4.

Pursuant to the licence agreement, the petitioner started

construction work at the licensed premises. Subsequently, petitioner

received formal stoppage letter dated 28.01.2020 from New Delhi

Municipal Council (NDMC) under Section 248 of the NDMC Act,

1994 for stoppage of preparatory works at the licensed premises. The

NDMC directed for stoppage of work at the licensed premises on the

ground that no sanction plan or completion certificate has been

granted to respondent no. 2 by the NDMC.

5.

The petitioner vide letters dated 27.02.2021, 19.03.2021,

Digitally Signed By:PURAN

SINGH TARIYAL

Signing Date:19.05.2023

09:34:38

Signature Not Verified

Neutral Citation Number: 2023:DHC:3460

W.P.(C) 4293/2023

Page 3 of 18

23.07.2021, 02.09.2021 and 03.09.2021 sought for information from

respondent no. 2 with regard to the sanction plans/requisite approvals.

Respondent no. 2 assured the petitioner that the completion certificate

and requisite sanction plans from NDMC with regard to the licensed

premises are being obtained. However, despite repeated requests, the

respondent no. 2 failed to provide the petitioner with completion

certificate and sanction plans/approvals for the licensed premises.

6.

It is the case of the petitioner