P SHABEER AHAMED Vs. TOWER VISION INDIA LTD

JUDGEMENT

(1.) This petition seeks the appointment of an Arbitrator to decide upon disputes that have arisen between the petitioner and the respondents. The prayer is made in the light of clause 25 of lease deed dated 05.02.2009 between the petitioner, R2 and R3 and Clause 23 of the license deed dated 29.01.2009 between the R1 and R2.

(2.) Heard Mr.T.Gowthaman, learned counsel for Mr.R.S.Sivaram learned counsel for the petitioner and Mr.S.Shyam Kumar learned counsel for R2 and R3. None appears for R1.

(3.) R1 and R2, represented by the petitioner entered into a Memorandum of Understanding (MOU) dated 29.01.2009 whereunder the parties reduce to writing the terms and conditions for licence of the property at Srirengam, Tiruchirappalli District belonging to R2. Thereafter, the petitioner entered into a lease agreement with R2 and R3 dated 05.02.2009 for the lease of the aforesaid property. The lease was for the purpose of enabling the setting up of a cellular site consisting of equipments, towers, poles, antennas, generators and other connected accessories. The lease was for a period of 15 years and expires on 212.202 The document specifically permitted the lessee to sub-lease the property to other tele-communication service providers at clause 4.8, reading as follows: