Indamar Co. Vs. U.O.I. & Ors.
EmailAppeal: Civil Appeal No. 9519 of 1995
C.A. Nos. 9721-22/1995
C.A. Nos. 9721-22/1995
Petitioner: Indamar Co.
Respondent: U.O.I. & Ors.
Apeal: Civil Appeal No. 9519 of 1995
C.A. Nos. 9721-22/1995
C.A. Nos. 9721-22/1995
Judges: SYED SHAH MOHAMMED QUADRI & S.N. PHUKAN, JJ.
Date of Judgment: Aug 14, 2001
Head Note:
CONSTITUTION
Articles 226, 136 – Dispute about increase of lease amount from time to time – Subsequent to filing of writs in question say 3.9.86, matter initiated in High Court under Arbitration and Conciliation Act, 1996. Held that on request, appeals are dismissed as withdrawn with permission to pursue arbitration proceedings. (Paras 2, 3)
JUDGEMENT:
ORDER
1. These appeals arise out of a common judgment of the division bench of the High Court of judicature at Bombay in W.A. Nos. 412/1990. 477/1990 and 478/1990 dated 22.6.1995. To appreciate the facts in these cases, we shall refer to the facts in civil appeal no. 9519 of 1995.
2. The appellant is a lessee of National Airport Authority of India in respect of a hanger at Civil Aerodrome at Juhu, Santacruz – Bombay. The lease amount payable by the appellant was increased from time to time between April, 1973 and November, 1988. The appellant challenged the increase of rent in writ petition no. 2219/86 in the High Court of Bombay which was dismissed on February 28, 1990. That order was unsuccessfully assailed in W.A. No. 412 of 1990 before the division bench of the High Court. By a common order dated June 22, 1995 the High Court disposed of writ appeal nos. 412 of 1990, 477 of 1990 and 478 of 1990 from which the present appeals arise.
3. It is now brought to our notice that insofar as the increase of rent/licence fees for the period subsequent to filing of the writ petition, namely, after 3.9.1986 is concerned, the appellants initiated proceedings in the High Court under Arbitration and Conciliation Act, 1996. In view of this fact Mr. K.K. Venugopal, learned senior counsel submits that the appellants seek permission to withdraw the appeals, with liberty to pursue the arbitration proceedings with regard to increase in the rent/licence fees after 3.9.1986. Accordingly, we dismiss the appeals as withdrawn. No costs.
1. These appeals arise out of a common judgment of the division bench of the High Court of judicature at Bombay in W.A. Nos. 412/1990. 477/1990 and 478/1990 dated 22.6.1995. To appreciate the facts in these cases, we shall refer to the facts in civil appeal no. 9519 of 1995.
2. The appellant is a lessee of National Airport Authority of India in respect of a hanger at Civil Aerodrome at Juhu, Santacruz – Bombay. The lease amount payable by the appellant was increased from time to time between April, 1973 and November, 1988. The appellant challenged the increase of rent in writ petition no. 2219/86 in the High Court of Bombay which was dismissed on February 28, 1990. That order was unsuccessfully assailed in W.A. No. 412 of 1990 before the division bench of the High Court. By a common order dated June 22, 1995 the High Court disposed of writ appeal nos. 412 of 1990, 477 of 1990 and 478 of 1990 from which the present appeals arise.
3. It is now brought to our notice that insofar as the increase of rent/licence fees for the period subsequent to filing of the writ petition, namely, after 3.9.1986 is concerned, the appellants initiated proceedings in the High Court under Arbitration and Conciliation Act, 1996. In view of this fact Mr. K.K. Venugopal, learned senior counsel submits that the appellants seek permission to withdraw the appeals, with liberty to pursue the arbitration proceedings with regard to increase in the rent/licence fees after 3.9.1986. Accordingly, we dismiss the appeals as withdrawn. No costs.
