M/s. Baba Trading Company Vs. Vidarbha Chamber of Commerce & Industries & Ors.
EmailAppeal: Civil Appeal Nos. 390-391 of 2009
[Arising out of SLP(C) Nos. 29117-29118 of 2008]
[From the Judgment and Order dated 20.10.2008 and 1.12.2008 of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in W.P. No. 392 of 2008 and MCA (Review) No. 1348 of 2008 in W.P. No. 392 of 2008 respectively]
[Arising out of SLP(C) Nos. 29117-29118 of 2008]
[From the Judgment and Order dated 20.10.2008 and 1.12.2008 of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in W.P. No. 392 of 2008 and MCA (Review) No. 1348 of 2008 in W.P. No. 392 of 2008 respectively]
Petitioner: M/s. Baba Trading Company
Respondent: Vidarbha Chamber of Commerce & Industries & Ors.
Apeal: Civil Appeal Nos. 390-391 of 2009
[Arising out of SLP(C) Nos. 29117-29118 of 2008]
[From the Judgment and Order dated 20.10.2008 and 1.12.2008 of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in W.P. No. 392 of 2008 and MCA (Review) No. 1348 of 2008 in W.P. No. 392 of 2008 respectively]
[Arising out of SLP(C) Nos. 29117-29118 of 2008]
[From the Judgment and Order dated 20.10.2008 and 1.12.2008 of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in W.P. No. 392 of 2008 and MCA (Review) No. 1348 of 2008 in W.P. No. 392 of 2008 respectively]
Judges: Dr. Arijit Pasayat & Asok Kumar Ganguly, JJ.
Date of Judgment: Jan 23, 2009
Appearances:
Appearances
Mr. Gaurav Agrawal, Advocate for the Appellant.
Mr. Rajiv Dhawan,Senior Advocate, Mr. Amol Suryavanshi, Mr. Rameshwar Prasad Goyal, Mr. R.S. Hedge, Mr. Chandra Prakash, Mr. Rahul Tyagi, Mr. J.K. Nayyar, Mr. Ashwani Garg, Mr. P.P. Singh, Mr. Venkateswara Rao Anumolu, Mr.Prabhakar Parnam, Mr. Satyajit A. Desai, Ms. Anagha S. Desai, Mr. Sanjay V. Kharde and Ms. Asha G. Nair, Advocates for the Respondents.
Mr. Gaurav Agrawal, Advocate for the Appellant.
Mr. Rajiv Dhawan,Senior Advocate, Mr. Amol Suryavanshi, Mr. Rameshwar Prasad Goyal, Mr. R.S. Hedge, Mr. Chandra Prakash, Mr. Rahul Tyagi, Mr. J.K. Nayyar, Mr. Ashwani Garg, Mr. P.P. Singh, Mr. Venkateswara Rao Anumolu, Mr.Prabhakar Parnam, Mr. Satyajit A. Desai, Ms. Anagha S. Desai, Mr. Sanjay V. Kharde and Ms. Asha G. Nair, Advocates for the Respondents.
Head Note:
License
Appellant shall be permitted to continue as licencee till 30 September, 2009 on deposit of Rs. 7,62,48,333/- in 12 months’ instalment – From 1.10.2009 to 30.09.2011 respondent shall be given licence at the same rate which was given to appellant – Earnest money given by respondent would be refunded. (Para 3)
Appellant shall be permitted to continue as licencee till 30 September, 2009 on deposit of Rs. 7,62,48,333/- in 12 months’ instalment – From 1.10.2009 to 30.09.2011 respondent shall be given licence at the same rate which was given to appellant – Earnest money given by respondent would be refunded. (Para 3)
JUDGEMENT:
Dr. ARIJIT PASAYAT, J.
1. Leave granted.
2. After hearing learned counsel for the parties we dispose of the appeals with following directions:
3. The appellant shall be permitted to continue as licensee 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 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.
4. The other I.As and petitions are disposed of.
5. The appeals are disposed of accordingly.
1. Leave granted.
2. After hearing learned counsel for the parties we dispose of the appeals with following directions:
3. The appellant shall be permitted to continue as licensee 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 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.
4. The other I.As and petitions are disposed of.
5. The appeals are disposed of accordingly.
