TaxTMI 
TaxTMI 
2023 (11) TMI 1439
X X X X Extracts X X X X
X X X X Extracts X X X X
....ow rejected the application filed by the appellant under Section 9 of the Arbitration Act. 3. Draped in brevity, the admitted facts between the parties are that an agreement was entered into between them regarding parking at Itarsi Railways Station on 27.2.2017 and its duration was from 17.8.2018 to 16.8.2023. The grievance of the appellant is that during this period, the Covid Pandemic broke out. Because of that, for certain period, he could not get any business but continued to pay the licence fee. Thus, it was his expectation that the contract period will be suitably extended. Clause 10 of the relevant contract provides that the contract is renewal for a period of three months at a time and maximum upto nine months. By invoking this C....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Vs. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association (supra). In the light of this clause, no fault can be found in the action of railways administration in giving contract to a different agency. 6. It is noteworthy that the appellant got contract for an amount of Rs. 18,74,250/- whereas from new licensee, the Railway Administration will get Rs. 1,21,59,900/-. If power of interim measure is exercised in favour of appellant, it will result into huge loss to the Railway Administration and to the public. Thus, necessary ingredients for grant of interim measure are not available in favour of the petitioner. 7. The parties confined their arguments to the extent indicated above. 8. We have heard learned counsel for th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....efore expiry of contract of existing licensee, another licensee is engaged and contract is entered into with him. In the instant case, the clause 10 (ii) of the Contract shows that it is only an enabling provision. The language employed in clause (ii) shows that it is not a provision which can be enforced by an agency for the purpose of extension of period of contract. It is the prerogative of the Railway Administration to extend the period initially for a period of three months and maximum for a period of nine months. 11. The Apex Court in the case of Sr. Divisional Commercial Manager (supra) dealt with a different factual scenario and the clauses of the contract. In the documents/policy before the Apex Court, it appears that there was ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ure. This is trite that a singular different fact may change the precedential value of a judgment. (See: Bhavnagar University Vs. Palitana Sugar Mill (P) Ltd. And Ors. reported in (2003) 2 SCC 111). 15. The Apex Court in its recent judgment in (2022)1 SCC 712 (Arcelormittal Nippon Steel (India) Ltd. v. Essar Bulk Terminal Ltd.), opined that for the purpose of grant of interim relief/measure under Section 9 of the Arbitration Act, the relevant factors are availability of (i) a good prima facie case (ii) balance of convenience in favour of grant of interim relief and (iii) irreparable injury/loss to the applicant for interim relief. 16. A right, in our considered opinion, is already created in favour of a different contractor/licensee. ....