- (1.) This is an application for recalling of the final order dated November 18, 2008 passed by this Court. The above order was passed considering the submissions made on behalf of the parties and the operative portion of the aforesaid order is quoted below: Therefore, the above writ applications are disposed of by setting aside the order dated March 14, 1996 passed by the respondent No. 4 in Company No. 20687(w) of 1996 (Annexure "A" at page 37 to the above writ application). The writ petitioner is granted liberty to pay off the outstanding dues of rents at the revised rate by 36 (thirty six) equal monthly instalments commencing from December 15, 2008 together with the current rent at the prevailing statutory rate subject to raising of the above bills by the respondent authority on the month of November, 2008. The petitioner is further directed to pay the above arrear rent together with interest @ 6 % p.a. from the respective due dated subject to the final decision of the Apex Court in SLP being (Civil) No. 8668 of 2007. In the event of success of the respondent authority in the above Special Leave petition, the respondent authority will be at liberty to take steps against the petitioner in accordance with law for realisation of the interest on the aforesaid arrear amount. In default of payment of any one instalment or the interest thereon or any part thereof or any current rent by 15th of every month, the respondent authority will be at liberty to take steps in accordance with law for eviction of M/s. Haldia Automobiles. There will, however, be nor order as to costs. Urgent Xerox certified copy of this order, if applied for, be given to the parties on priority basis.
(2.) It is submitted by the learned counsel appearing for the applicants/ respondents that the above order was passed on consideration of an order dated February 12, 2007 passed by a Division Bench of this Court in the appeal bearing A.P.O. No. 367 of 2006. But facts and circumstances of the above matter were not similar to those involved in these writ applications. According to him, the subject matter involved in the appeal under reference was payment of outstanding rents at revised rate by instalments together, with interest. But in these writ application the tenancy of the writ petitioner had expired long back. According to him the subject matter involved in SLP (Civil) No. 8668 of 2007 was not similar to that of the instant writ applications. Payment of accrued interest @ 6% per annum was under challenge before the Hon'ble Supreme Court in the matter under reference. According to him, a fresh tenancy was created as a consequence of the order dated November 18, 2008 while disposing the writ applications.
(3.) The decisions of Satyanarayan Pandey v. State of W.B., 2009 2 CalHN 860 and Maruti Real Estate Pvt. Ltd. & Anr. v. Life Insurance Corporation of India and Ors., 2008 1 CalHN 442 are relied upon by the learned counsel appearing for the applicants in support of his submissions.;