M/S Baba Trading Co. v. Vidarbha Chamber of Commerce & Industries & Ors.

DR. ARIJIT PASAYAT, J.1. Leave granted.

i.. 2. After hearing learned counsel for the parties we dispose of the appeals with following directions:

¶3The 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. Mis. 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.

¶4The other I.As and petitions are disposed of.

¶5The appeals are disposed of accordingly.

CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 390-391 of 2009.

From the Judgment and Order dated 20.10.2008 and 1.12.2008 and 1.12.2008 of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in W.P. No. 392 of2008 and MCA (Review) No. 1348 of 2008 in W.P. No. 392 of 2008 respectively.

Gaurav Agrawal for the Appellant.

Rajiv Dhawan, Amol Suryavanshi, Rameshwar Prasad Goyal R.S. Hegde Chandra Prakash, Rahul Tyagi, J.K. Nayyar, Aswhani Garg, P.P. Singh, Venkateshwara Rao Anumolu, Prabhakar Parnam, Satyajit A. Desai, Anagha S. Desai, Sanjay V. Kharde and Asha G.Nair for the Respondents.