- (1.) Time is right to promote alternative redressal forums where parties choose to settle disputes arising within their contractual or social relationship through reconciliation or arbitration but at the same time law of the land must apply, except where parties of their own free will and being competent, waive their rights against each other.
(2.) The appellant through this appeal filed under Section 37 of the Arbitration Act, 1996 has assailed the judgement and order dated 6.8.2012 passed by the District Judge, Lucknow under Section 34 of the Act in Regular Suit No. 49 of 2009 insofar as it affirms the award rendered by the sole arbitrator on 3.12.2008 whereby the counter claim raised by the appellant for payment of licence fee against the respondent was rejected except to the extent of incidental charges incurred in the nature of electricity and water.
(3.) The parties herein had entered into an agreement on 19.8.2002 whereunder the respondent had agreed to provide cafeteria services in the OPD on a monthly payment of licence fee to the Institute for a period of five years. The agreement no. 31/2002-2003 was initially valid for two years w.e.f. 20.7.02 and being extendable by one year subject to satisfactory performance and verification by the monitoring committee and for a further period of two years subject to satisfactory performance and terms mutually agreed was accordingly acted upon.;