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Warehousing & Cold Storage G.E.I. Ltd. & ANR Vs. Board of Trustees, Port of Calcutta & Ors [2009] INSC 1500 (27 August 2009)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7139 OF 2004 WAREHOUSING & COLD STORAGE G.E.I.LTD. & ANR. ....APPELLANTS VERSUS CIVIL APPEAL NO.5158/2005

O R D E R

CIVIL APPEAL NO.7139 OF 2004:

Having heard learned senior counsel appearing for the parties and after going through the impugned order and considering the fact that the appellants had accepted and paid enhanced rate of rent on the basis of subsequent notifications issued by the respondents, we are not inclined to interfere with the impugned order passed by the High Court. Accordingly, this appeal is dismissed with no order as to costs. Interim order, if any, stands vacated.

Considering the fact that a huge sum of money is to be paid by the appellants to the respondents, reasonable time must be given to them to pay off such amount.

Accordingly, we direct that the amounts in arrear shall be paid/deposited by the appellants to the respondents within nine months from this date.

CIVIL APPEAL NO.5158/2005:

List this appeal after 29th October, 2009.

......................J. (TARUN CHATTERJEE)

......................J. (AFTAB ALAM)

......................J. (R.M. LODHA)

NEW DELHI, SEPTEMBER 15, 2009.

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