SHALINI SHAHI Vs. RELIANCE COMMUNICATION

JUDGEMENT

(1.) The parties have not arrived at any settlement during the National Lok Adalat, as the applicants were not present. Accordingly, I proceed to dispose of the present application preferred by the applicants under Sec. 11(6) of the Arbitration and Conciliation Act.

(2.) The parties had entered into a license agreement dtd. 19/12/2007, whereunder the respondent was granted a license by the applicant over their property admeasuring 110 sq. mts. for the purpose of setting up its telecommunication network. The license was granted for a period of fifteen years commenced from 19/12/2007. The disputes arose between the parties since the applicants claim that the respondent stopped paying the license fees and has continued to retain the licensed premises. Clause 7(e) of the license agreement contains the arbitration clause. The applicants issued a notice dtd. 1/2/2021 demanding the outstanding license fees of Rs.2,30,263.00, and also called upon the respondent to vacate and handover the physical possession of the licensed property on expiry of three months from the date of service of notice. Since the respondent did not comply with the notice, the applicants invoked the arbitration agreement on 23/8/2021. The applicants also nominated one Mr. Vivek Jain, Advocate as their nominee. The respondent, however, did not act in terms of the said notice, and consequently, this application has been preferred.

(3.) The respondent has filed its counter-affidavit, through Mr. Sanjeev Kumar Mishra, the attorney and duly authorized person of the respondent. The said Sanjeev Kumar Mishra has been appointed as the Resolution Professional in respect of the respondent in C.P. (IB) 1385, 1386 and 1387 (MB)/2017, preferred under Sec. 9 of the IBC, 2016, vie order dtd. 15/5/2018.