C G FOODS Vs. ESTATE OFFICER

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 25.7.2007passed by the Appellate Court.

(2.) Brief facts are that the petitioner was a licensees in respect of a restaurant in Hotel Janpath vide licensee deed dated 15th September, 2005. Because of non-compliance of provisions of license deed viz. non payment of license fees, license fees for bar, electricity dues, telephone rent etc., the license of the petitioner was terminated. The matter went to the Estate Officer and Estate Officer passed an eviction order. Against the eviction order, passed by the Estate Officer, the petitioner went in appeal before the learned ADJ, which appeal was dismissed by the impugned order.

(3.) The Counsel for the petitioner argued that the learned ADJ should have stayed its hand in disposing of the appeal since the petitioner had preferred a petition under Section 11(6) of the Arbitration and Conciliation Act and the dispute between the parties was referred to the Arbitrator, who was ceased with the matter and confirming of eviction order by learned ADJ was therefore bad in law.