OMBIR SINGH Vs. MDDA RAMKY ISBT LTD

JUDGEMENT

(1.) Having heard the rival contentions, it transpires that a vast area of land near Inter-State Bus Terminal (ISBT) was given by Mussoorie Dehradun Development Authority (MDDA) to a Hyderabad based Company, known as RAMKY, for developing a Complex having as many as -63- shops including a Food Court. That food court, sprawling in the area of 12121 square feet, including a structured shop, was given to the appellant Ombir Singh, either under a sub-lease or a licence (the nature whereof to be determined later). Appellant further spent a huge amount to the tune of Rs.1.75 crores to develop the same in order to make it functional. An agreement dated 2.8.2011 was also entered into between the appellant and the respondent to this effect wherein it was stipulated that a sum of Rs.3.63 lakh per month shall be payable by Ombir Singh to the respondent in lieu of taking possession over such food court.

(2.) Unfortunately, that complex could not attract other persons to enter and run rest of 62 shops or most of the shops, whatever, so, as a natural consequence, it could not be a place for the crowd so that the business of the appellant could have run smoothly and roaringly. The ultimate result was that Ombir Singh became defaulter and he could not pay such a huge monthly amount to the respondent.

(3.) An application, under Section 9 of the Arbitration & Conciliation Act, was moved on 11.7.2014 by Mr. Ombir Singh, wherein, the direction was issued that the respondent will restore the water/ electricity connection in the food court of the appellant, and the latter will make regular payment of Rs.3.60 lakh per month as Licence Fee including the arrears of electricity and water dues.