UNION OF INDIA Vs. TARA PROPERTIES PRIVATE LTD.

JUDGEMENT

(1.) This application has been filed for modification of a judgment and order dated 12th Nov., 1998 passed by a division bench of this Court, of which one of us (B. Panigrahi, J.) was a member in Appeal No. 65 of 1990 arising out of Matter No. 777 of 1985.

(2.) The applicant in this application has sought for correctness of two clerical errors occurring at pages 6 and 16 and two substantial modifications. Before coming to the point at issue the basic fact of the matter may be noticed.

(3.) The dispute between the parties related to the quantum of rent payable by the Union of India in respect of their occupation of a premises situated at 13, Camac Street, Calcutta. The period of lease was for a fixed period. It was extended once. The extended period of lease expired on 30th Nov., 1975. The applicant herein called upon the respondent to enhance the amount of rent resulting in cropping up dispute between the parties. The said dispute was referred to an Arbitrator. The dispute between the parties were :