Asian Hotels (North) Ltd vs Kumar Gallery Pvt Ltd
2021 Latest Caselaw 2339 Del

$~14
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                            Date of decision: 27.08.2021
+      ARB.P.737/2021
       ASIAN HOTELS (NORTH) LTD.                          ..... Petitioner
                          Through     Mr.Sidhant Kumar with Ms.Manyaa
                                      Chandok, Advs.

                          versus


       KUMAR GALLERY PVT. LTD.               .... Respondent
                   Through   Mr.Naveen Chawla, Adv.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

The hearing has been conducted through video conferencing.

1. Present petition has been filed under Section 11(6) of the Arbitration

and Conciliation Act, 1996 seeking appointment of an Arbitrator for

adjudication of the disputes between the petitioner and respondent.

2. The facts of the case are that the petitioner is a public limited

company listed on the National Stock Exchange and is the owner of a hotel

located in a building complex in the name and style of Hyatt Regency,

Bhikaji Cama Place, New Delhi.

3. Pertinently, the dispute inter se parties arise out of the License

Agreement dated 18.01.1988 entered between the parties, by virtue of which

respondent was permitted to use Shop No. U-68, located at the Shopping

Arcade, Hotel Grand Hyatt, Bhikaji Cama Place, New Delhi. The said

License Agreement was time to time extended through Renewal

Agreements.

4. However, petitioner by communication dated 29.05.2020 revoked the

license agreement and called upon the respondent to remove all its

goods/belongings from the premises by 01.06.2020. On the contrary,

respondent by communication dated 29.06.2020, disputed the aforesaid

revocation and refused to remove all his goods/belongings from the subject

premises.

5. Today during the course of hearing, learned counsel for respondent

submits that respondent has accepted the termination order dated

29.05.2020 and is willing and ready to hand over the possession of the

premises in question to the petitioner.

6. The aforesaid submission of respondent is accepted by counsel for

petitioner.

7. Learned counsel for respondent further submits that the respondent

shall remove goods/articles lying in the shop in question and shall hand over

peaceful possession of the shop in question to the petitioner on 02.09.2021.

It is accepted by learned counsel for the petitioner.

8. In view of the aforesaid, nothing remains in the present petition to be considered by this Court.

9. The petition is, accordingly, disposed of.

(SURESH KUMAR KAIT) JUDGE AUGUST 27, 2021 ab/r