FOOD PLAZA RESTAURANT Vs. INDIA TRADE PROMOTION ORGANIZATION

JUDGEMENT

(1.) BY these petitions under Section 9 of the Arbitration & Conciliation Act, 1996 ("the Act" for short) the petitioners made a prayer that the respondent should be restrained from creating any hindrance or obstructing entry/ exit of petitioners' customers, visitors, guests, servants etc. in any manner to the licensed premises between 11 am to 11 pm from Gate 1 and 7 of the Pragati Maidan and interfering with the conduct of business of petitioners.

(2.) BRIEF facts relevant for the purpose of deciding these petitions are that the petitioners are running Food and Beverage outlets in Pragati Maidan under license from respondent. The license is valid for a period of 10 years and is currently valid. It is the contention of petitioners that the working hours of the outlets are from 11 am to 11 pm in terms of license agreement between the parties. In February, 2008, respondent passed an order prohibiting the entry to the petitioners' outlets after 8 pm with the result that a petition was filed by the petitioners before this Court and ultimately the matter was referred to the arbitrator and the arbitrator by consent of parties passed an award to the following effect:

(3.) IN response to this petition, it is submitted by respondent that the terms and conditions of the license agreement were being adhered by respondent in this case. The licensor /respondent has absolute discretion to earmark the parking areas and not to permit the parking of the vehicles belonging to employees/ visitors of the petitioners at places not earmarked. The respondent was responsible for overall security of the area and visiting public and was within its right to allow parking only at an earmarked area. No parking could be allowed at places other than the areas specifically earmarked in Pragati Maidan.