RAJIV BHATT Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant has assailed the final order on an application under Section 9 of the Arbitration and Conciliation Act, 1996.

(2.) Shortly stated, the facts are these: In September, 2004 the Administration through its appropriate officer granted a licence in favour of the Appellant in respect of a restaurant at Corbyn's Cove. The duration of the licence was initially for one year with an extension or renewal for a period of two Years. The licensor issued a notice some time in the year 2006 requiring the licensee to remove himself from the premises, whereupon the Section 9 proceedings were instituted before the District Judge.

(3.) The Appellant says that it would be evident from the facts pleaded in the petition under Section 9 of the 1996 Act and the documents relied upon that immediately after the Appellant went into possession of the premises in question, the Appellant complained of the tardy condition thereof and the immediate need to repair the same. The Appellant says that the agreement guaranteed the licensee to have meaningful enjoyment of the property for the entire duration thereof, but it would appear from the tenor of the contemporaneous letters addressed by the licensee that the premises were not in habitable condition when they were made over to the Appellant.