NATIONAL AIRPORT AUTHORITY Vs. VIJAYDUTT

JUDGEMENT

(1.) This appeal is directed against the order dated 22-8-83 passed by the 7th Addl. Judge to the District Judge, Indore in C.S. No.38-B/83 registered on the respondent's application under Sec. 8 of the Arbitration Act, 1940 (for short 'the Act'), whereby the latter's application under O.39. R.1-2, C. P. C., 1908 (for short the Code) read with S.41 of the Act has been partly allowed.

(2.) Circumstances giving rise to this appeal are these. In pursuance of the advertisement by the Union of India now represented by the National Airport Authority (the appellant No.1), and its officers the Director General, Civil Aviation, New Delhi (appellant No.2), the Regional Director and Estate Officer, Civil Aviation, Bombay (appellant No.3) and the Aerodrome Officer, Civil Aerodrome Indore (the appellant No.4) tender was invited for running the Indore Airport Restaurant for a period of three years from the date on which possession of the restaurant premises is handed over to the successful tenderer. The respondent Vijaydatta who runs his business under the name and style of M/s. Datta and Co., Manorama Ganj, Indore had submitted his tender quoting annual licence fee of Rs. 1160/- and his tender was accepted on 1-6-79.

(3.) As the restaurant premises were in possession of ex-caterer and litigation was pending in connection therewith, the respondent could not be put in possession of the restaurant premises. He was, therefore, initially required to carry on his business in a room.