NAVODAYA MASS ENTERTAINMENT LTD Vs. J.M. COMBINES
LAWS(SC)-2014-8-53
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on
August 26,2014
Navodaya Mass Entertainment Ltd.
Appellant
VERSUS
J.M. Combines
Respondents
Referred Judgements :-
BHARAT COKING COAL LTD VS. L K AHUJA [REFERRED TO]ASSOCIATED CONSTRUCTION VS. PAWANHANS HELICOPTERS PVT LTD [REFERRED TO]
SATNA STONE AND LIME CO LTD VS. UNION OF INDIA [REFERRED TO]
RAVINDRA AND ASSOCIATES VS. UNION OF INDIA [REFERRED TO]
MADNANI CONSTRUCTION CORPORATION P LTD VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
STATE OF H.P. AND ORS. VS. SURESH VERMA [LAWS(HPH)-2016-4-64] [REFERRED TO]CHENNAI - ENNORE PORT ROAD COMPANY LTD VS. COASTAL - SPL (JV) [LAWS(DLH)-2019-7-260] [REFERRED TO]
S SANKAR VS. UNION OF INDIA [LAWS(MAD)-2018-6-720] [REFERRED TO]
STATE OF ORISSA VS. M/S SAMANTARY CONSTN. PVT. LTD. & ANR. [LAWS(SC)-2015-10-140] [REFERRED TO]
SHOW OFF BRANDS BARGAIN AND ANOTHER VS. JET AGE MULTIMEDIA AND ANOTHER [LAWS(P&H)-2015-9-820] [REFERRED]
STATE OF HARYANA VS. BUMI HIWAY AND ORS. [LAWS(P&H)-2015-10-81] [REFERRED TO]
STATE OF HARYANA VS. SHIV SHANKAR CONSTRUCTION CO. AND ORS. [LAWS(P&H)-2015-11-35] [REFERRED TO]
SHIROMANI GURDWARA PRABANDHAK COMMITTEE VS. CHANAN SINGH AND COMPANY AND ANOTHER [LAWS(P&H)-2015-8-749] [REFERRED]
UNION OF INDIA AND ORS. VS. SWARAN SINGH AND ORS. [LAWS(P&H)-2016-1-60] [REFERRED TO]
STATE OF PUNJAB VS. SDB INFRASTRUCTURE PRIVATE LIMITED, NEW DELHI & OTHERS [LAWS(P&H)-2016-7-231] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. GAYATRI [LAWS(DLH)-2019-4-335] [REFERRED TO]
M/S L.G ELECTRONICS INDIA(P) LTD VS. DINESH KALRA [LAWS(DLH)-2016-7-83] [REFERRED TO]
NHAI VS. HINDUSTAN CONSTRUCTION CO. LTD. [LAWS(DLH)-2017-9-34] [REFERRED TO]
R A SHARMA VS. GUJARAT STATE ROAD AND BUILDING, DEPARTMENT/WATER RESOURCES DEPARTMENT & 3 ORS [LAWS(GJH)-2018-1-583] [REFERRED TO]
STATE OF WEST BENGAL VS. TAPAS KUMAR HAZRA [LAWS(CAL)-2022-8-117] [REFERRED TO]
IRCON INTERNATIONAL LTD VS. MEUMAL ATHWANI [LAWS(CAL)-2020-6-22] [REFERRED TO]
LAXMI PAT SURANA VS. VOLTAS LTD [LAWS(CAL)-2019-7-4] [REFERRED TO]
SMT. PUSHPA DEVI VS. BHARAT PETROLEUM CORPORATION LIMITED [LAWS(ALL)-2018-11-96] [REFERRED TO]
NRP PROJECTS PRIVATE LIMITED VS. BHARAT PETROLEUM CORPORATION LIMITED [LAWS(MAD)-2020-1-224] [REFERRED TO]
PUNJAB STATE CIVIL SUPPLIES CORPORATION LTD AND ANOTHER VS. LUXMI TRADING COMPANY AND ANOTHER [LAWS(P&H)-2015-11-383] [REFERRED TO]
M/S OASIS CONTRACTORS & CONSULTANTS (P) LTD. VS. PUNJAB STATE AGRICULTURAL MARKETING BOARD AND ANOTHER [LAWS(P&H)-2015-10-279] [REFERRED TO]
EQUIPMENT CONDUCTORS & CABLES LTD., GURGAON VS. CHIEF ENGINEER, TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD. AND ORS. [LAWS(P&H)-2015-9-372] [REFERRED TO]
UNION OF INDIA VS. GURDEV SINGH DEVA [LAWS(P&H)-2016-2-633] [REFERRED TO]
PURAVANKARA PROJECTS LIMITED VS. K. V. JAYAPRAKASH [LAWS(KAR)-2021-6-118] [REFERRED TO]
AMCI (INDIA) PVT.LTD. VS. FIZA DEVELOPERS AND INTER-TRADE PVT. LTD. [LAWS(KAR)-2020-2-72] [REFERRED TO]
UNION OF INDIA VS. ALLIED TRADERS [LAWS(UTN)-2019-7-199] [REFERRED TO]
S. MALLIGA VS. THE CHIEF REGIONAL MANAGER [LAWS(MAD)-2016-3-290] [REFERRED TO]
STATE OF JHARKHAND VS. PREM KUMAR [LAWS(JHAR)-2023-5-33] [REFERRED TO]
STATE OF PUNJAB VS. LARSEN AND TURBO LTD AND OTHERS [LAWS(P&H)-2015-8-563] [REFERRED]
GOVERNMENT OF J AND K VS. HINDUSTAN CONSTRUCTION COMPANY LTD. [LAWS(J&K)-2017-3-18] [REFERRED TO]
HARINDRA SINGH VS. UNION OF INDIA [LAWS(ALL)-2019-7-50] [REFERRED TO]
UTTAR HARYANA BIJLI VITRAN NIGAM, LTD VS. AVON METERS (P) LTD [LAWS(P&H)-2015-9-688] [REFERRED]
GOVERNOR OF THE STATE OF KERALA VS. VIJAY CONSTRUCTIONS ENGINEERS AND CONTRACTORS [LAWS(KER)-2020-2-268] [REFERRED TO]
LLOYED INSULATIONS (INDIA) LTD. VS. FOREMEXX SPACE FRAMES [LAWS(KER)-2022-1-238] [REFERRED TO]
CHAIRMAN AND DGOF, ORDNANCE FACTORY BOARD AND ANOTHER VS. CABLE TECH MACHINES, CTM HOUSE AND ANOTHER [LAWS(P&H)-2019-5-35] [REFERRED TO]
PUNJAB HEALTH SYSTEM CORPORATION THROUGH ITS M.D AND ANOTHER VS. M/S SHARMA AND ASSOCIATES AND ANOTHER [LAWS(P&H)-2015-12-283] [REFERRED TO]
MANGAL JYOTI COOPERATIVE GROUP HOUSING SOCIETY LTD VS. VIR BHAN MITTAL AND ANOTHER [LAWS(P&H)-2015-8-626] [REFERRED]
NTPC LTD VS. PATEL ENGINEERING LTD [LAWS(DLH)-2015-2-200] [REFERRED TO]
SAPPIDA VAANGA RESTAURANT SERVICES (P) LTD. VS. CHENNAI PETROLEUM CORPORATION LTD. [LAWS(MAD)-2016-8-123] [REFERRED TO]
SUPERINTENDING ENGINEER NH CIRCLE 10, UTTARAKHAND PWD VS. MADHVA HYTECH ENGINEERS PVT. LTD. [LAWS(UTN)-2016-3-1] [REFERRED TO]
GUJARAT STATE ELECTRICTIY CORPORATION LTD. VS. L.P.RATHOD [LAWS(GJH)-2018-3-183] [REFERRED TO]
DIRECTORATE GENERAL OF HYDROCARBONS OF INDIA VS. OVERSEAS DRILLING LIMITED [LAWS(DLH)-2017-12-9] [REFERRED TO]
LARSEN AND TOUBRO LIMITED VS. HINDUSTAN PETROLEUM CORPORATION LTD [LAWS(BOM)-2016-9-140] [REFERRED]
PUSHPA DEVI W/O LATE MOTI LAL VS. BHARAT PETROLEUM CORPORATION LIMITED [LAWS(ALL)-2018-11-236] [REFERRED TO]
UNION OF INDIA VS. M/S CHADHA & COMPANY [LAWS(HPH)-2020-7-19] [REFERRED TO]
INDIAN OIL CORPORATION LTD VS. LARSEN & TOUBRO LIMITED [LAWS(DLH)-2018-6-38] [REFERRED TO]
STATE OF ORISSA VS. SAMANTARY CONSTN. PVT. LTD. AND ORS. [LAWS(SC)-2015-9-120] [REFERRED TO]
S.K. KOHLI VS. SHAKUN INFRASTRUCTURE DEVELOPMENT LTD. AND ORS. [LAWS(P&H)-2015-9-93] [REFERRED TO]
HARYANA POWER GENERATION CORPORATION LIMITED VS. ALSTOM POWER AND ORS. [LAWS(P&H)-2016-2-37] [REFERRED TO]
PARMOD KUMAR JAIN AND ORS. VS. KANCHAN BALA JAIN AND ORS. [LAWS(P&H)-2015-10-69] [REFERRED TO]
STATE OF HARYANA VS. M/S BHUMIKA ENTREPRENEUR AND ANOTHER [LAWS(P&H)-2015-12-302] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. ASHISH PANWAR [LAWS(UTN)-2017-7-177] [REFERRED TO]
BHARTIYA RASHTRIYA RAJMARG PRADHIKARAN VS. MANJU DIXIT [LAWS(ALL)-2021-4-31] [REFERRED TO]
CAPT (RETD ) O P SHARMA & ANR VS. KAMLA SHARMA & ORS [LAWS(DLH)-2008-3-387] [REFERRED]
M/S DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD. (DFCCIL) VS. M/S SOMA ENTERPRISES LTD. [LAWS(DLH)-2016-7-105] [REFERRED TO]
UNION OF INDIA AND ANOTHER VS. JOGINDER LAL SETHI BUILDERS AND ENGINEERS AND ANOTHER [LAWS(P&H)-2016-9-217] [REFERRED TO]
PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED VS. BAJWA RICE MILL SIRHIND [LAWS(P&H)-2015-8-492] [REFERRED]
STATE OF PUNJAB, PUBLIC WORKS DEPARTMENT (B&R),CENTRAL WORKS DIVISION VS. V K SOOD, ENGINEER & CONTRACTOR [LAWS(P&H)-2015-8-728] [REFERRED]
OIL & NATURAL GAS CORPORATION (INDIA) LTD. VS. ENVIRO ENGINEERS [LAWS(GJH)-2023-3-1793] [REFERRED TO]
UNION OF INDIA VS. SARAVANA CONSTRUCTION PRIVATE LIMITED [LAWS(KER)-2015-3-173] [REFERRED TO]
SATYA METAL INDUSTRIES VS. UNION OF INDIA REP BY DIRECTORATE OF SUPPLIES AND DISPOSALS DEPARTMENT OF SUPPLY SHASTRI BHAWAN CHENNAI [LAWS(MAD)-2017-1-501] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. MAHADEVI [LAWS(KAR)-2017-6-29] [REFERRED TO]
MKV AGENCIES VS. TVS MOTORS COMPANY LTD [LAWS(MAD)-2019-9-680] [REFERRED TO]
BALLARPUR INDUSTRIES LTD VS. ARJUN GASES LTD AND ANOTHER [LAWS(P&H)-2016-9-213] [REFERRED TO]
HARJIT SINGH (SINCE DECEASED) THROUGH LRS VS. PUNJAB SMALL INDUSTRIES AND EXPORTS CORPORATION LIMITED AND ANOTHER [LAWS(P&H)-2016-12-174] [REFERRED TO]
PUNJAB STATE CIVIL SUPPLIES CORPORATION LTD AND ANOTHER VS. RAVI RICE MILLS AND ORS [LAWS(P&H)-2015-8-615] [REFERRED]
MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED VS. M/S JABALPUR CORRIDOR (INDIA) PVT LTD. [LAWS(MPH)-2016-12-30] [REFERRED TO]
JANGIR SINGH AND OTHERS VS. STATE OF PUNJAB [LAWS(P&H)-2015-10-443] [REFERRED]
VIJAY TANKS & VESSELS LIMITED VS. SIMPLEX INFRASTRUCTURE LIMITED [LAWS(MAD)-2019-8-18] [REFERRED TO]
PGIMER VS. KALSI CONSTRUCTION COMPANY AND ANOTHER [LAWS(P&H)-2019-5-37] [REFERRED TO]
JUDGEMENT
-
(1.)These appeals have been filed assailing the common judgment and order dated 1.9.2009 passed by the Madras High Court in O.S.A. Nos.34 of 2009 and 140 of 2009 by which the High Court while allowing O.S.A. No.34 of 2009 filed by Respondent No.1, dismissed O.S.A. No.140 of 2009 filed by the appellant herein. The facts of the case briefly stated are as follows:
(2.)The appellant offered a business proposal to the first respondent herein and they entered into an agreement on July 30, 1998, whereby it was agreed that the first respondent shall procure, install and operate an amusement ride for both adults and children called "SLAMBOB" in the amusement park "Kishkinta" which was maintained by the appellant. The Agreement also provided that the first respondent shall maintain the equipment by effecting necessary repairs etc. The Agreement further provided that the collection from the ride would be shared in the ratio of 60:40 by the first Respondent and the appellant in the first year of its operation, and thereafter in the ratio of 50:50 in the subsequent years. It also provided for a guaranteed minimum gross collection of Rs.10 lakhs for the first year and Rs.8.33 lakhs for the subsequent 9 years. The Agreement was in force for a period of 10 years and could be renewed/terminated as per the terms thereof. Pursuant to the Agreement, the first respondent installed the equipment on 16.04.1999 and it started functioning from the said date. The appellant defaulted in making the payments from the year 2000-2001 onwards. Despite repeated demands, the appellant failed to make the payments, hence notice was served to the appellant calling upon the appellant to pay the outstanding amount, along with interest at the rate of 24% per annum.
(3.)In these circumstances, dispute arose between the parties which was covered under the said Agreement by arbitration clause and accordingly an Arbitrator was appointed. The first respondent filed a claim for a sum of Rs.13,94,240/- together with interest on 16.10.2006. The Arbitrator published his award allowing the claim to the tune of Rs.13,94,240/- with interest at the rate of 12% per annum, but disallowed the Minimum Guaranteed amount of Rs.69,416/- per month for the remaining 69 months, commencing from July, 2003. Aggrieved by the award in respect of the disallowed claim, the first respondent challenged the award before the Madras High Court under by filing O.P. No.37 of 2007 and aggrieved over the entire award, the appellant challenged the same before the Madras High Court by filing O.P. No.362 of 2007 under Section 34 of the Arbitration and Conciliation Act, 1996. The learned Single Judge of the Madras High Court dismissed both these applications. Aggrieved by the order passed by the learned Single Judge of the High Court, appeals were filed by both the parties before the Division Bench of the High Court. The High Court by a common judgment and order dated 1.9.2009 dismissed the appeal filed by the appellant but allowed the appeal filed by the first respondent herein. The High Court after scrutinizing all the materials placed before it came to the conclusion that it is not in controversy that the Agreement was entered into between the parties on July 30, 1998. The parties also agreed to the ratio in which the collection of the amusement ride was to be shared and the said Agreement was in force for a period of 10 years and was also renewable. The Agreement also stipulated for a guaranteed minimum gross collection of Rs.10 lakhs for the first year and Rs.8.33 lakhs for the subsequent 9 years.
(2.)The appellant offered a business proposal to the first respondent herein and they entered into an agreement on July 30, 1998, whereby it was agreed that the first respondent shall procure, install and operate an amusement ride for both adults and children called "SLAMBOB" in the amusement park "Kishkinta" which was maintained by the appellant. The Agreement also provided that the first respondent shall maintain the equipment by effecting necessary repairs etc. The Agreement further provided that the collection from the ride would be shared in the ratio of 60:40 by the first Respondent and the appellant in the first year of its operation, and thereafter in the ratio of 50:50 in the subsequent years. It also provided for a guaranteed minimum gross collection of Rs.10 lakhs for the first year and Rs.8.33 lakhs for the subsequent 9 years. The Agreement was in force for a period of 10 years and could be renewed/terminated as per the terms thereof. Pursuant to the Agreement, the first respondent installed the equipment on 16.04.1999 and it started functioning from the said date. The appellant defaulted in making the payments from the year 2000-2001 onwards. Despite repeated demands, the appellant failed to make the payments, hence notice was served to the appellant calling upon the appellant to pay the outstanding amount, along with interest at the rate of 24% per annum.
(3.)In these circumstances, dispute arose between the parties which was covered under the said Agreement by arbitration clause and accordingly an Arbitrator was appointed. The first respondent filed a claim for a sum of Rs.13,94,240/- together with interest on 16.10.2006. The Arbitrator published his award allowing the claim to the tune of Rs.13,94,240/- with interest at the rate of 12% per annum, but disallowed the Minimum Guaranteed amount of Rs.69,416/- per month for the remaining 69 months, commencing from July, 2003. Aggrieved by the award in respect of the disallowed claim, the first respondent challenged the award before the Madras High Court under by filing O.P. No.37 of 2007 and aggrieved over the entire award, the appellant challenged the same before the Madras High Court by filing O.P. No.362 of 2007 under Section 34 of the Arbitration and Conciliation Act, 1996. The learned Single Judge of the Madras High Court dismissed both these applications. Aggrieved by the order passed by the learned Single Judge of the High Court, appeals were filed by both the parties before the Division Bench of the High Court. The High Court by a common judgment and order dated 1.9.2009 dismissed the appeal filed by the appellant but allowed the appeal filed by the first respondent herein. The High Court after scrutinizing all the materials placed before it came to the conclusion that it is not in controversy that the Agreement was entered into between the parties on July 30, 1998. The parties also agreed to the ratio in which the collection of the amusement ride was to be shared and the said Agreement was in force for a period of 10 years and was also renewable. The Agreement also stipulated for a guaranteed minimum gross collection of Rs.10 lakhs for the first year and Rs.8.33 lakhs for the subsequent 9 years.
Copyright © Regent Computronics Pvt.Ltd.