SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(Cal) 744

ARUN KUMAR MITRA, V.S.SIRPURKAR
ASSOCIATED INDEM MECHANICAL PRIVATE LIMITED – Appellant
Versus
WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED – Respondent


Advocates Appeared:
ASHOKE BANERJEE, HIRAK MITRA, JAYDIP KAR, P.ROY CHAUDHARY, S.SARKAR, S.SEN, SUBIR RANJAN GHOSH

V. S. SIRPURKAR, CJ.

( 1 ) THIS Judgment will dispose of APO No. 348 of 2004 and APO No. 349 of 2004. These two appeals are against a common judgment dismissing two writ petitions. Factual Scenario:

( 2 ) FOR the sake of convenience the facts are being taken from APO no. 348 of 2004. The facts in APO No. 349 of 2004 are almost the same those facts would be stated separately. The appellant is the lessee of west Bengal Small Scale Industrial Development Corporation Limited (hereinafter called Corporation for short) in respect of industrial sheds. The case of the Appellant in APO No. 348 of 2004 is that three separate lease deeds were executed in respect of industrial sheds being Nos. Y-72, Y-73 and Y-76 at Baltikuri Industrial Estate, Howrah. The three lease deeds in case of the appellants are of different dates but identically worded. These leases were in respect of the above industrial sheds for 99 years with yearly fixed rent. Vide Clause 2f (i) all these lease deeds spelt out a specific liability. The clause reads as under:"2 (f) (i) To use the demised premises as a place for carrying on manufacturing business and/or purposes connected with any manufacturing process including pr











































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top