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TMI Blog2014 (2) TMI 1425X X X X Extracts X X X X X X X X Extracts X X X X ..... rises. Furthermore, the provisions of Specific Relief Act relied upon by Ms. Singh are not attracted for the simple reason that the contract itself prohibits the claim of grant of compensation. Issue notice to the respondent, on filing of process fee and Regd. A.D. Covers within a week, returnable on 20th March, 2014. - Manmohan Singh, J. For the Appellant : Mr.Sanjay Jain, Sr.Adv. with Mr.A.K.Tandon, Ms.Manjula Gandhi, Ms.Noor Anand, Ms.Aastha Jain And Mr.Shivanshu Kumar, Advs. For the Respondent : None JUDGMENT I.A. No. 3866/2014 (exemption) Exemption allowed, subject to just exemptions. The application is disposed of. OMP No. 260/2014 1. The petitioner has filed an affidavit of Mr. Om Shanker Pandey, informing the Court that on 27th February, 2014 at around 3.00 p.m., the termination notice dated 27th February, 2014 was delivered to the petitioner. Copy of the said notice is annexed as Annexure-M. 2. In the original petition under Section 9 of the Arbitration and Conciliation Act, 1996, the following prayers have been sought: a) restraining the Respondent from initiating any process of eviction/dispossession against the Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shok was measured and documented by the Commission of Court, which was mutually accepted and signed both by you and The Ashok.... At the same time, statement of claims was also submitted by the respondent before the Arbitrator. In March, 2009, the respondent formulated a new Licensing Policy wherein it prescribed the procedure for licensing of Restaurants/business premises and provided for an automatic first time renewal and further categorized the licenses on the basis of investment involved and fixed the tenure, i.e. First Agreement - 10 years and One Time Renewal - 5 years. Further, para 2 of the new draft License Deed states that, The Licensee shall be entitled to a one time renewal after the expiry of the original license period, unless he has committed a breach of the terms and conditions of the agreement or has been defaulter in the payment of license fee or guilty of proven misconduct... 6. The Award was passed by the sole Arbitrator on 6th April, 2009 in favour of the petitioner and against the respondent dismissing the claims of the respondent by holding in absence of non-challenge of the said report of the Local Commissioner either in the main suit filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2013. By order dated 17th February, 2014, the application being I.A. No. 162/2014 filed by the respondent was disposed of with a direction to list the OMP on 20th May, 2014 for final disposal. 10. It is the admitted position that on 1st August, 2013, the petitioner wrote a letter to the respondent, applying for the renewal of license for Amatrra SPA at The Ashok Hotel, as the same is due to expire on 28th February, 2014. It was alleged in the letter that the petitioner seeks automatic renewal of the said license for a further period of 10 years with effect from 1st March, 2014 and asked the respondent to inform the petitioner if any further formalities are required. The respondent vide its letter dated 12th August, 2013 has acknowledged the letter dated 1st August, 2013 written by the petitioner and informed the petitioner that as per the Policy of the Corporation, first renewal would be made on the recommendation of the Unit Licensing Committee, subject to the compliance of the following conditions and approval of C MD, and not automatic as mentioned in the petitioner's letter. The said conditions are as under:- i) There are no dues outstanding against the licensee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uary, 2014, the respondent issued a termination notice dated 27th February, 2014. The same is placed on record by way of the affidavit of Sh. Om Shanker Pandey, Senior Vice President of the petitioner-Company as Annexure-M. 14. Learned Senior counsel has referred para 21 of the petition wherein it is stated that the respondent had followed its practice for automatic renewal of the license deeds in several cases similar to the case of the petitioner, such as, Sagar Ratna, Central Bank of India, China Town, Kumgang, Steel, Kashmir Club, Capitol, Mashrabiya, etc. wherein the license deeds of licensees had been automatically renewed by the respondent, even though said license deeds did not contain clauses for automatic renewal. 15. In the case of Pioneer Publicity Corporation vs. Delhi Transport Corporation Anr ., reported in 103 (2003) Delhi Law Times 442, this Court speaking through Hon'ble Mr. Vikramajit Sen, J. on the objections raised by the respondents therein under Section 34 of the Specific Relief Act coming into play in these types of cases has held as under:- ...I cannot appreciate the Respondent's stand that its decision to put an end to the Contract wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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