AGARSONS CONTAINER TERMINALS Vs. NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION OF INDIA LIMITED

JUDGEMENT

(1.) BY this petition filed under section 34 of the Arbitration & Conciliation Act, 1996 (for short "the said Arbitration Act"), the petitioner has impugned the arbitral award dated 23rd December, 2011, rejecting some of the claims made by the petitioner and allowing part of the counter claims made by the respondent. Some of the relevant facts for the purpose of deciding this petition are as under:

(2.) THE petitioner was the original claimant in the arbitral proceedings, whereas the respondent was the original respondent. The respondent had also filed a counter claim before the learned arbitrator.

(3.) THE respondent offered for user of the said land on built, operate and transfer (BOT) for operating empty container yard business. The parties accordingly entered into an agreement on 1st November, 2003. The said agreement was styled as leave and licence agreement. Under clause 2 of the said agreement, the parties agreed that the licence period granted to the petitioner as licensee for permitted use of the plot of land was for a period of five years commencing from the date of commencement of business which would not be later than three months (moratorium period) from the execution of the said agreement, or on handing over the possession for the permitted use of the plot of land, whichever was later. Clause 23 of the said agreement provided that in case of default of any terms and conditions laid down in the said agreement by any party, the other party without any prejudice to any other rights and remedies available to it under this agreement be entitled to terminate that said agreement. It was further provided that in case the licensee would commit any breach of the terms of the said agreement or vacates the premises before the expiry of tenure of the said agreement because of the earlier revocation of the said licence, the licensee shall be liable to pay to the licensor use and occupation charges at the rate of Rs. 5.00 lakhs per month and shall continue to pay till the licensee hands over the vacant and peaceful possession of the land to the licensor after removing the movable machineries.