ASSOCIATEDINDEM MECHANICAL PRIVET LIMITED Vs. WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(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:

(3.) Vide Clause 2(j) the appellants (hereinafter called lessee for short) agreed to start manufacture or production within six months from the date of the respective lease deeds or within any extended period granted by the Government under exceptional circumstances. Clause 3B spelt out the further liability of the lessee in case of default in payment of rent or non-use of the demised premises. The clause reads as under: