INDIAN HOTELS COMPANY LIMITED Vs. MANAGING DIRECTOR, ANIIDCO

JUDGEMENT

(1.) The petitioner entered into a lease agreement with the respondent on December 7, 2009.

(2.) Clause XV of the same contained a Force Majeure provision.

(3.) The petitioner, during the COVID-19 period, faced hard times in running the hotel and resort for which the lease agreement was taken and accordingly sought a waiver in the lease rental payable to the respondent, by invoking the said Force Majeure clause. However, the respondent refuted the said claim, leading to the petitioner seeking to invoke the pre-arbitration conciliation clause in the agreement.