S.MURALIDHAR
Kishan Freight Forwarders – Appellant
Versus
Union of India (UOI) – Respondent
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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Whirlpool Corporation v. Registrar of Trade Marks (1998) 8 SCC 1
Kumari Shrilekha Vidyarthi v. State of U.P. (1991) 1 SCC 212
Indian Oil Corporation Ltd. v. Amritsar Gas Service (1991) 1 SCC 533
E. Venkatakrishna v. Indian Oil Corporation Ltd. (2000) 7 SCC 764
Gujarat State Financial Corporation v. Lotus Hotels Private Limited 1983 (3) SCC 379
Ramana Dayaram Shetty v. International Airport Authority of India 1979 (3) SCC 489
Indian Aluminium Company Ltd. v. Karnataka Electricity Board AIR 1992 SC 2169
Jitender Kumar v. State of Haryana 2008 (2) SCC 161
Hindustan Tin Works Private Ltd. v. Employees of Hindustan Tin Works Pvt. Ltd. AIR 1979 SC 75
Khudiram Das v. State of West Bengal AIR 1975 SC 550
Hari Ram v. State of Haryana 2010 (3) SCC 621
Deepak Kumar Pathak v. Municipal Corporation of Delhi 177 (2011) DLT 170
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