BHARTI AIRTEL LTD. Vs. JAMSHED KHAN

JUDGEMENT

(1.) The Appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") has been filed against the Order dtd. 25/1/2020 passed by the learned District Judge (Commercial Court), Tis Hazari Courts vide which the Objections under Sec. 34 of the Act, 1996 have been allowed and the Arbitral Award dtd. 21/12/2018 has been set aside partly.

(2.) Facts in brief are that the appellant/Bharti Airtel Ltd. (the respondent before the learned Arbitrator hereinafter referred to as the 'appellant') entered into a Licence Agreement with the respondent No. 1/Jamshed Khan (the claimant before the learned Arbitrator hereinafter referred to as the 'respondent No. 1') dtd. 22/1/2015 whereby the appellant was given a rooftop space of size 5 mtr. x 2 mtr. at property Number 1877, Block B, Sant Nagar, Burari, Delhi for a period of 9 years. As per the Licence Agreement, the monthly licence fee for the first three years was Rs.15,000.00per month which was to be increased at the rate of 10% after every three years.

(3.) According to the respondent, the appellant had abandoned the Agreement and failed to perform its part as the appellant did not pay any Licence Fee with effect from 29/1/2015 in terms of Clause 3 of the Licence Agreement. Therefore, the arbitral proceedings in terms of the Licence Agreement, were commenced by the respondent No. 1/claimant and the learned Arbitrator was appointed by this Court under Sec. 11 of the Act, 1996 vide Order dtd. 6/12/2016.