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M/S Baba Trading Company Vs. Vidarbha Chamber of Commerce & Indus. & or [2009] INSC 141 (23 January 2009)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. OF 2009 (Arising out of SLP(C) Nos. 29117-29118 of 2008) M/S. BABA TRADING COMPANY ... Appellant(s) Versus VIDARBHA CHAMBER OF COMMERCE & INDUSTRIES & ... Respondent(s) ORS.

Dr. ARIJIT PASAYAT,J.

Leave granted.

After hearing learned counsel for the parties we dispose of the appeals with following directions:

The appellant shall be permitted to continue as licencee till the period ending 30th September, 2009. He has to pay Rs. 7,62,48,333/- p.a. The amount shall be payable in 12 monthly instalments . If any amount has already been paid, the same shall be duly adjusted. Needless to say, if any amount is payable for the period ending on 30th January, 2009, the same shall be paid along with instalment due for February, 2009. The respondent No. 6 i.e. M/s. Joshi Freight Carriers Dhule, shall be given licence for the subsequent two years, i.e. period ending on 30th September, 2011 at the aforesaid rate of Rs. 7,62,48,333/- p.a. payable -2- in 12 monthly instalments basis. The earnest money, if any, deposited by respondent No. 6 shall be returned to be re-deposited by 1st October, 2009.

The other I.As and petitions are disposed of.

The appeals are disposed of accordingly.

...................J. (Dr. ARIJIT PASAYAT)

....................J. ((ASOK KUMAR GANGULY)

New Delhi,

January 23, 2009.

 

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