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2011 Supreme(Del) 429

S.MURALIDHAR
Kishan Freight Forwarders – Appellant
Versus
Union of India (UOI) – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Ashish Mohan, Adv.
For Respondents/Defendant: Chandan Kumar, Adv. in W.P. (C) 7289 CM Appl. 14427/2010, 7290/2010 and CM Appl 14429/2010, W.P. (C) 7291/2010 and CM Appl 14431/2010, R.N. Singh and A.N. Singh, Advs. in W.P. (C) 1201/2011 and CM 2538/2011, W.P. (C) 1923/2011 and CM Appl 4105/2011, W.P. (C) 1925/2011 and CM Appl 4110/2011, W.P. (C) 2041/2011 and CM Appl 4360/2011, W.P. (C) 2042/2011 and CM Appl 4362/2011

JUDGMENT

S. Muralidhar, J.

1. The common issue in these eight petitions concerns the interpretation of Clause (E) in the Comprehensive Parcel Leasing Policy ('CPLP') of the Indian Railways for leasing of parcel space in the brake vans (SLRs) by passenger-carrying trains and leasing of Parcel Vans (VP/VPH/VPU) on round trip basis which was announced by the Railway Board on 28th March 2006 by the Freight Marketing Circular No. 12 of 2006 and became effective on 1st April 2006.

Relevant Clause of the CPLP and the Lease Agreement

2. Clause (E) of the CPLP provided for the extension of the lease in case of long term lease of three years. The extension could be for a period of two years at a lease rate 25% more than the lump sum leased freight rate. Clause (E) of the CPLP reads as under:

Clause (E): Extension of lease

1. Extension of lease is permissible only in case of long term lease of three years.

2. In case of long terms lease, on expiry of the contractual period, the same can be extended only once, by two more years at a lease rate of 25% more than the lump sum leased freight rate.

3. Such extension will be subject to satisfactory performance by the lease holder, without any penalty for ov
















































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