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904-arbpl 22526-22@grp

Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

ARBITRATION PETITION (L.) NO. 22526 OF 2022

BXIN Office Parks India Pvt. Ltd.

...Petitioner

Vs.

Kailasa Urja Pvt. Ltd.

...Respondent

AND

ARBITRATION PETITION NO. 351 OF 2022

One International Center Pvt. Ltd.

...Petitioner

Vs.

Symphony Kitchen Pvt. Ltd.

...Respondent

AND

ARBITRATION PETITION (L.) NO. 1692 OF 2022

Indiabulls Properties Pvt. Ltd.

...Petitioner

Vs.

Symphony Kitchen Pvt. Ltd. & Anr.

...Respondents

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Mr. Sharan Jagtiani, Senior Advocate with Mr. Karl Tamboly, Ms. Krushi

Barfiwala i/b. Parinam Law Associates for Petitioners.

Mr. Surel Shah i/b. Mr. Saurabh Butala with Mr. Omkar Chitale and Ms.

Manvi Sharma for Respondents.

-----

CORAM

:

G.S. KULKARNI, J.

Reserved on

:

JULY 28, 2022.

Pronounced on

:

AUGUST 20, 2022.

JUDGEMENT:-

1.

These are three petitions filed under Section 9 of the Arbitration

and Conciliation Act, 1996 (for short, “the Act”) whereby the petitioners

are praying for interim measures pending the arbitral proceedings.

2.

Arbitration Petition (L.) No. 22526 of 2022 (BXIN Office Parks

VIDYA

SURESH

AMIN

Digitally

signed by

VIDYA

SURESH AMIN

Date:

2022.08.20

17:43:06

+0530

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904-arbpl 22526-22@grp

India Pvt. Ltd.) has been argued as the lead petition. The subject matter

of the proceedings is quite common, namely, a dispute as raised by the

petitioner in the capacity of licensors against the respondent in all these

proceedings being the licensees under the respective leave and licence

agreements as entered between the parties.

3.

For convenience, the facts in the lead petition are required to be

noted:

The petitioner is a company incorporated under the Companies

Act, 1956 and is stated to have absolute right, title and authority in land

admeasuring 39085.43 square meters bearing City Survey No. 841 lying,

being and situated at Jupiter Mills, Lower Parel, Mumbai – 400 013

including the building constructed thereon called “One World Center”

(formerly known as One Indiabulls Centre). The building consists of

Tower-1 (Ground + 18 floors), Tower-2A and 2B (Ground + 20 floors)

and Wing B1 & B2 (Ground + 8 floors) (for short, referred to as “the

building”). The building was originally under the ownership of

Indiabulls Properties Private Limited (for short, “IPPL”).

4.

The respondent is also a company incorporated under the

Companies Act, 1956. It is stated that the respondent requested the

IPPL to allow it to use a cumulative area of 16,256.70 sq. ft. in Tower 1

of the One World Centre for the purposes of operating a food court.

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904-arbpl 22526-22@grp

5.

On 06 January, 2017, a Leave and Licence Agreement was entered

between the parties granting the respondent a license to use the

premises admeasuring 16,256.70 sq. feet in Tower – 1 of the building

which comprises of the seating, preparation and wash area situated on

the 1^st floor. The term of the licence was for sixty months which has

expired on 31 July, 2021.

6.

In accordance with Clause 4 of the Leave and Licence Agreement,

a monthly fee of Rs.10,000/- was payable within a period of 10 days of

the beginning of the successive month.

7.

Clauses 2, 6, 9.6, 16 and 22 of the Leave and Licence Agreement

are required to be noted which read thus:-

“Clause 2 of the Agreement – Grant of License

LICENCE TERM:-

The Licensor hereby grants on a Leave and

license to the Licensee and the Licensee hereby takes on leave and

license from the Licensor, to use and occupy the Licensed Premises

for the purpose of setting up a Food Court for a period of 60 (sixty)

months (the License Period commencing from License

Commencement Date of 1^st August 2016 and expiring on the

completion of 60 (Sixty) from the License Commencement Date i.e.

31 July 2021 unless terminated earlier in accordance with the terms

of this Agreement. There shall be 60 (Sixty) months Lock in period

for the Parties during which period neither Party shall be enti