FUSION FOODS AND HOTELS PVT LTD Vs. UNION OF INDIA
LAWS(APH)-2019-9-64
HIGH COURT OF ANDHRA PRADESH
Decided on September 24,2019

Fusion Foods And Hotels Pvt Ltd Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

C. Praveen Kumar, C.J - (1.)Heard both sides and perused the record. With the consent of both parties, the main appeal itself is heard and disposed of at the admission stage.
(2.)This appeal, under Clause 15 of the Letters Patent, is filed, questioning the order of the learned single Judge, dated 29.07.2019, in W.P.No.2827 of 2019, wherein the learned single Judge held that the dispute in issue is arbitrable, as per the terms of arbitration agreement and that it is not a case for invoking the writ jurisdiction.
(3.)The issue involved in the present writ petition is as under: The deponent in the writ petition is the Managing Director of the petitioner company which has participated in the tender for a licence to operate a restaurant and snack bar at Visakhapatnam Airport. Being successful in the said contract, the petitioner company entered into a license agreement with the Airports Authority of India on 18.08.2010 for a period of ten years i.e., from 08.07.2010 to 07.07.2020. It is averred in the writ affidavit that the contract came to be terminated before the expiry period by giving 180 days notice in writing from either side and without assigning any reason except stating that it was on account of unsatisfactory performance. It is said that the site was handed over to the petitioner on 21.05.2010 and since then, the petitioner is running business without violating the conditions of the agreement and without any complaints from any corner.
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