JAYGEE HOSPITALITY SERVICES PRIVATE LIMITED Vs. PVR LIMITED

JUDGEMENT

(1.) CM No. 1223/2015 (for exemption) Allowed, subject to all just exceptions.

(2.) Undisputed facts are that the petitioner is the licensee of the respondent since 15th June, 2011 for a kiosk/space in the food court. The leave and license was reduced to writing in this regard on 9th January, 2012 for a period of three years, which expired on 15th June, 2014. Thereafter, instead of extending the license for a further period of three years, till 15th June, 2017, the respondent issued an e-mail dated 1st December, 2014 with an attachment of notice of termination of licence. The petitioner filed a suit seeking declaration that the termination notice was null and void and for permanent and mandatory injunction, wherein the application under Order 39 Rules 1 and 2 CPC was filed, which was dismissed vide order dated 23rd December, 2014, which order has been confirmed in appeal on 15th January, 2015. The only dispute on facts is that according to the petitioner it was orally agreed between the parties that the licence shall be extended for a further period of three years, which fact is denied by the respondent.

(3.) Learned counsel for the petitioner contends that even a licensee cannot be dispossessed without due process of law and in view of oral extension of licence agreement for a further period of three years, the termination notice is null and void. The petitioner being in settled possession, cannot be dispossessed, and is thus entitled to protection. Reliance is placed on M/s. Anamallai Club v. Government of Tami Nadu and Others, 1997 3 SCC 169 and the decision of this Court in Rattan Lal v. Municipal Corporation of Delhi, 2002 100 DLT 213.