UNION OF INDIA Vs. DBL ENTERPRISE

JUDGEMENT

(1.) The appeal has been preferred by the appellants assailing the judgment and order dated 12.03.2013 passed by the Single Bench in W.P. No. 4724 (W) of 2013 setting aside the order passed on 16.01.2013. Direction has been issued to consider the case of the petitioner as provided in Circular No.12/06 passed by the Divisional Commercial manager/II.

(2.) The petitioner was granted a contract dated 29.12.2009 for leasing of parcel space in brake vans (front SLR 1st Compartment 4 MT space in Train No. 3185, Ganga Sagar Express up from Sealdah to Jaynagar). Railways agreed to provide four tonnes parcel space to the leaseholder in 1st compartment of front brake van for transportation of parcel for a period of three years. Therefore, the agreement was to remain valid till 3.1.2013.

(3.) Clause 25 of the Agreement relates to extension of lease contract. Clause 25.1 provides that extension would be permissible in case of long term lease of three years on stipulated terms and conditions by enhancing the amount by 25%.