THE ASSAM STATE TRANSPORT CORPORATION Vs. GHOSH BROTHERS MOTORS PRIVATE LIMITED
HIGH COURT OF GAUHATI
The Assam State Transport Corporation
Ghosh Brothers Motors Private Limited
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ARUP KUMAR GOSWAMI,J. -
(1.) Heard Mr. I. Choudhury, learned senior counsel for the petitioner. Also heard Mr. D. Das, learned senior counsel, appearing for the respondent.
(2.) By this application under section 115 of the Code of Civil Procedure, 1908 read with Article 227 of the Constitution of India, the petitioner challenges (i) the order dated 01.09.2015 passed by the learned Civil Judge No.3, Kamrup (M) at Guwahati in Title Suit No.184/2015 rejecting a petition filed under Order 7, Rule 11 read with section 151 CPC, registered as Petition No.2381/2015, (ii) an order of status quo dated 27.05.2015 passed by the learned Civil Judge No.3, Kamrup (M) in Misc. (J) Case No.118/2015 arising out of Title Suit No.184/2015 and (iii) prays for setting aside and quashing the proceeding in Title Suit No.184/2015 pending in the Court of the learned Civil Judge No.3, Kamrup (M) at Guwahati.
(3.) Pursuant to a Notice Inviting Tender (NIT) dated 08.05.2010 issued by the petitioner, inviting tenders for running the Yatri Nivas situated at Assam State Transport Corporation (ASTC) Complex, Paltanbazar, Guwahati, the respondent had responded and being successful, an Agreement of Licence was entered into by and between the petitioner and the respondent on 22.01.2011. Clause-21 of the said Agreement provides a power/right to revoke the Deed of Licence executed with the Licensee subject to the conditions stated thereon being satisfied. It also provided for termination of the Deed of Licence for any other reasons. Clause-22 of the Agreement provides that if any difference and dispute arises between the parties during the period of the Agreement, the same may be settled amicably and in case of failure, such difference/dispute may be referred to arbitration proceeding as per the Arbitration and Conciliation Act, 1996 (for short, "1996 Act").;
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