9911796707
TMI Blog2014 (9) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the same was one-sided Agreement. He also submitted that the Division Bench of the High Court ignored and overlooked clause 14 of the Agreement which deals with the termination of the Agreement by the conduct of the parties. We are afraid that such points, as has been tried to be contended before us, it appears, were never urged before the learned Single Judge or before the Division Bench of the High Court. The dispute between the parties has been adjudicated upon by the Arbitrator and the award has been published. The Division Bench of the High Court has found that the award cannot be said to be perverse or that there is any cogent reason to set aside the same. 6. In our opinion, the scope of interference of the Court is very limited ..... X X X X Extracts X X X X X X X X Extracts X X X X
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