INTERNATIONAL AMUSEMENT LTD. Vs. INDIAN TRADE PROMOTION ORGANIZATION

JUDGEMENT

(1.) THE Petitioner has filed two petitions. A.A.No.111 of 2000 is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for the appointment of an Arbitrator to resolve the disputes that have arisen between the parties. O.M.P.No.63 of 2000 is a petition filed under the provisions of Section 9 of the Act praying for interim measures.

(2.) IT appears that the Respondent decided to set up an amusement park on land which was leased out to the Respondent by the Government of India. The Petitioner gave its proposal to the Respondent which was accepted. According to the Petitioner, the Respondent agreed to lease out the plot of land in which the amusement park was to be situated on a permanent basis.

(3.) A license agreement in respect of the land was entered into between the Petitioner and the Respondent for the first time on 10th November, 1987. The period of the license was from 14th November, 1984 to 13th November, 1987. In other words, the agreement was executed just three days before it was to expire. The parties executed another license agreement but this time for a period of five years with effect from 14th November, 1987 to 13th November, 1992. On this occasion, the Respondent acted a little more speedily because the agreement was executed on 5th September, 1989. The parties entered into a third license agreement on 6th November, 1995. This was for the period 14th November, 1992 to 13th November, 1999.