In this writ petition challenging the demand for an enhanced licence fee, the court disposed of the petition by granting liberty to the petitioner to approach the arbitrator for settlement of the dispute regarding the fee demand.
Liberty granted for exhaustion of arbitration remedy regarding demand for enhanced licence fee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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S. B. CIVIL WRIT PETITION NO.2158/2008 SANJAY KUMAR V. UNION OF INDIA & OTHERS.
DATE OF ORDER ::: 02/04/2008
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI
Mr. Abdul Aziz Khan, for Petitioner (s).
The petitioner has preferred this writ petition to challenge the action of the respondents for insisting deposition of enhanced licence fee from 1.12.2004. Leanred counsel for the petitioner, at the first instance, submitted that there was no contract between the parties from the year, 2004 onwards. Thus, enhanced licence fee could not be demanded by the respondents. On referring Annexure7, where the prayer of the petitioner is for renewal of contract, learned counsel fairly conceded that the earlier contract was continued between the parties, thus his first argument should not be accepted or be considered and looking to the fact that in the original agreement, there was clause for arbitration, petitioner may be given liberty to approach the arbitrator for the dispute in regard to the demand of enhanced licence fee by the respondents w.e.f.
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1.12.2004.
In view of the above, this writ petition is disposed of with a liberty to the petitioner to exhaust the remedy of arbitrator as prayed by the learned counsel for the petitioner and in regard to demand of enhanced rate of licence fee by the respondents. If the petitioner prays for settlement of the dispute by the arbitrator, the respondents are expected to settle the dispute by referring the matter to the arbitrator.
scd
2 issues framed by the court
Whether a petition insisting enhanced licence fee can be quashed to mandate arbitration instead.
Whether liberty should be granted to refer the dispute regarding enhanced fee to an arbitrator.
SANJAY KUMAR
UNION OF INDIA & OTHERS
MUNISHWAR NATH BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
