M/S BABA TRADING CO.versusVIDARBHA CHAMBER OF COMMERCE & INDUSTRIES & ORS.
- Citation
- 2009 INSC 70
- Decided
- 23 January 2009
- Disposal
- Disposed off
- Bench
- ARIJIT PASAYAT
Holding
The Court allowed the extension of the licence to the appellant until 30 September 2009 with a stipulated annual fee payable in instalments, and granted Respondent No. 6 a two‑year licence on the same terms, ordering the return of any earnest money.
Summary
The Civil Appeals (Nos. 390‑391 of 2009) concerned the extension of a commercial licence and the payment of the associated licence fee. The appellant, Mis Baba Trading Co., sought to continue as licencee beyond the original expiry date, while Respondent No. 6 (Mis Joshi Freight Carriers Dhule) applied for a new licence. The High Court had earlier passed orders, which were appealed. The Supreme Court, after hearing counsel, permitted the appellant to remain licencee until 30 September 2009, directing payment of Rs 7,62,48,333 per annum in twelve monthly instalments, with adjustments for any amounts already paid. It also granted Respondent No. 6 a licence for the subsequent two‑year period on the same financial terms and ordered the return of any earnest money deposited by that respondent. All other interim applications and petitions were dismissed, and the appeals were disposed of with these directions.
Issues considered
- Whether the appellant is entitled to an extension of the licence period.
- What amount and instalment schedule constitute the licence fee for the extended period.
- Whether Respondent No. 6 should be granted a new licence for two years on the same terms.
- How any earnest money deposited by Respondent No. 6 should be handled.
Subjects
Judgment
[2009] 1 S.C.R. 636
A MIS BABA TRADING CO.
v.
VIDARBHA CHAMBER OF COMMERCE & INDUSTRIES
& ORS.
(Civil Appeal Nos.390-391 of 2009)
B JANUARY 23, 2009
[DR. ARIJIT PASAYAT AND ASOK KUMAR
GANGULY, JJ.]
c LEA VE AND LICENCE:
Licence - Extending the licence period - Payment for
licence fee - Directions given while disposing of the appeals.
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
D 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
E 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
F 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.
G The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J.1. Leave granted.
i..
2. After hearing learned counsel for the parties we dispose
of the appeals with following directions:
H 636
BABA TRADING CO. v. VIDARBHA CHAMBER OF COMMERCE 637
& INDUSTRIES & ORS. [DR. ARIJIT PASAYAT, J.]
3. The appellant shall be permitted to continue as licencee A
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 B
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 c
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. D
G.N. Appeals disposed of.
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