Associana Rosario Fernandes v. Mormugao Port Road Company Ltd
2021-12-22
REVATI MOHITE DERE, SADHANA S.JADHAV
body2021
DigiLaw.ai
JUDGMENT 1. The petitioner herein had entered into an agreement with Mormugao Port Road Company Limited (a Subsidiary of National Highways authority of India) on 27.08.2020. The contract was for installing the Boards to display the advertisements on the Electricity Poles on National Highway No.17 B. 2. The Licensee were to pay a monthly rent of Rs.45/- per month per advertisement Board (double sided) per Electricity Pole. The rental for 300 Electricity Poles was Rs.13,500/- per month and Rs.1,62,000/- per annum. The Licensee had agreed to pay Rs.3,24,000/- towards annual rent of 2 years in advance. 3. The Office of NHaI by letter dated 01.02.2021 had acknowledged the receipt of Rs.3,24,000/- vide Cheque no.714361 dated 01.09.2020 towards the licensee fee for the period 27.08.2020 to 26.08.2022. Clause 10 of the agreement contemplates that the agreement would remain in force for a minimum period of 5 years from the date of executing and be terminable by a notice of six months and the permission if any would be renewed for a similar term after expiry of the said period if the performance of the Licensee are found up to the satisfaction of the MPRCL. 4. The petitioner herein impugns the Order dated 03.12.2021, by which the petitioner was informed that the Competent authority of MPRCL / NHaI had approved the policy of not placing any advertisement hoardings / Signboards within the Right of Way (ROW) in Goa, keeping in view the safety of NH users. accordingly, the Contract / agreement would stand terminated and a time of one month was granted to vacate the property after the service of termination / foreclosure notice to the Licensee in accordance with Section 63, of Indian Easement act. The Licensee was further informed that the License agreement would therefore, stand terminated on 02.01.2022. 5. On 01.02.2021, the Licensee was requested to deposit an amount of Rs.58,320/- towards GST for the period 27.08.2020 to 26.08.2022, which was received by the NHaI authorities on 31.05.2021. 6. The Learned Counsel for the petitioner submits that in fact the agreement contemplated that 6 months Notice would be given to the Licensee but in the present case the Notice was issued to the Licensee on 3. 12.2021, directing the Licensee to vacate the said space on 2. 01.2022. This would be a breach of the agreement between the parties. 7. The Learned Counsel Mr.
12.2021, directing the Licensee to vacate the said space on 2. 01.2022. This would be a breach of the agreement between the parties. 7. The Learned Counsel Mr. Dhananjay Chavan h/f. M. V. Kini submits that he waives service for the respondent and would file Wakalatnama and an affidavit-in-Reply by the 3rd week of January, 2022. 8. In view of the above interim relief in terms of Prayer Clause 'B'. 9. Stand over to 27 January, 2022.