WELSPUN ENTERPRISES LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was the Concessionaire with respect to the Jalandhar Bus Terminal and Ludhiana Bus Terminal under Concession Agreements dated 22.06.2005 and 16.8.2005 respectively. The present petition, inter alia, relates to disputes regarding the handing over of shops at the Jalandhar Bus Terminal and Ludhiana Bus Terminal by the petitioner.

(2.) It is not in dispute that both the Jalandhar Bus Terminals was handed over by the petitioner on 20.01.2016 and the Ludhiana Bus Terminal on 17.01.2016. The lis between the parties concerns the handing over of some shops at the two terminals. In short, at the time of handing over of the two bus terminals, various shop -keepers who were licensees of these shops, obtained orders of stay against dispossession from various Courts, including this Court. The petitioner contends that it has complied with the terms and conditions of the Concession Agreements to the fullest and handed over the vacant possession to the respondents. Further, having surrendered possession to the Respondents, the petitioner has no means or standing to have these shops vacated. It is also submitted that in most cases, at least with regard to the Jalandhar Bus Terminal, the respondents are receiving the license fees from the remaining shopkeepers. The respondents have also initiated actions against some such shopkeepers under the Punjab Public Premises Act, 1973. Given the aforesaid, it is contended that entire situation having arisen due to the directions given in various Court Orders, the petitioners are covered by Clause 19 of the Concession Agreements, i.e., Force Majeure.

(3.) The respondents on the other hand allege that the petitioner has failed to provide vacant possession of the shops and, therefore, is liable to make good any loss caused to the Concessioning Authority. The respondents have also threatened to invoke the Performance Bank Guarantees of the petitioners for both the Bus Terminals. Some proceedings regarding the invocation of the Performance Bank Guarantees with respect to Jalandhar, are also pending with Punjab Infrastructure Regulatory Authority.