In the saddle or off?

Lawyer Cherag Balsara told The Times of India of January 18, 2018 that his client BJR’s (one of whose partner is a Parsi) that runs Gallops restaurant at the Bombay racecourse had moved the Bombay High Court last month against their September 2017 award (an order in arbitration). BJR’s now plan to challenge an additional award of January 2018 that has directed them to vacate the restaurant area and never enter there. The arbitrator, former Chief Justice of Allahabad High Court Ferdino Inacio Rebello, passed an additional award after the Royal Western India Turf Club (RWITC) said he had omitted to specifically direct BJR’s to move out.

Gallops Restaurant: challenging eviction

The Club had terminated its catering contract with Gallops prompting a legal battle to land in the Bombay High Court in 2011, when an arbitrator was first appointed. In September 2017, the arbitrator held the termination was valid and also directed the restaurant to pay the RWITC at a rate of Rs 6.3 crore per annum "till it removes itself or is evicted.” The Club approached the arbitrator in October of that year for an additional direction to have the restaurant staff, agents and belongings removed from the premises to regain possession.
Soli Cooper, RWITC’s counsel, argued that an arbitral tribunal has jurisdiction to correct and interpret an award. According to him, the claim for possession was not considered by the arbitrator earlier and hence cannot be held to be rejected. Balsara had argued that after expressly having rejected all other reliefs, the arbitrator cannot grant additional reliefs for possession. The arbitrator, however, agreed with the Club’s submissions in his January 2018 award. He said, "this tribunal has jurisdiction to grant the relief sought including of eviction,” adding that since the "conducting agreement was terminated by the Club, BJR’s has no right to continue on the premises.”