LAHERE TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent, finally heard.

(2.) This appeal filed under Sec. 37 of Arbitration and Conciliation Act 1996 (Arbitration Act) takes exception to the order dtd. 28/10/2003, whereby the Court below rejected the application filed by the appellant under Sec. 9 of the Arbitration Act.

(3.) Draped in brevity, the admitted facts between the parties are that an agreement was entered into between them regarding parking at Itarsi Railways Station on 27/2/2017 and its duration was from 17/8/2018 to 16/8/2023. The grievance of the appellant is that during this period, the Covid Pandemic broke out. Because of that, for certain period, he could not get any business but continued to pay the licence fee. Thus, it was his expectation that the contract period will be suitably extended. Clause 10 of the relevant contract provides that the contract is renewal for a period of three months at a time and maximum upto nine months. By invoking this Clause although the period of contract was extended upto 14/11/2023, the Railway Administration entered into another contract with another agency, which will come into force w.e.f. 15/11/2023.