ESQUIRE EXPRESS AND COURIER SERVICES AND ANOTHER Vs. UNION OF INDIA AND ORS.
LAWS(CAL)-2012-1-319
HIGH COURT OF CALCUTTA
Decided on January 09,2012

Esquire Express And Courier Services And Another Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

DEBASISH KAR GUPTA, J. - (1.) Leave is granted to the petitioner to file affidavit or service in course of this day.
(2.) The subject matter of challenge in this writ application is an order passed by the respondent no.4 under memo no. COM/G-27/Parcel-Lease/VP 287060 dated August 22, 2011 rejecting the application of the petitioners dated June 27, 2011. The above was filed by the petitioners for extension of lease agreement dated January 11, 2008 in terms of Clause 20.1 of the above agreement. Leave is granted to the petitioners to bring the impugned order dated August 22, 2011 by way of filing supplementary affidavit in course of this day.
(3.) Having heard the learned Counsel appearing for the respective parties as also after considering the fact and circumstances of this case I find that the petitioner no.1 entered into an agreement dated January 11, 2008 with the respondent authority in the matter of leasing out the parcel van in Train no. 12870/12869 Shalimar-CSTM-Shalimar on round trip basis for a period of three years from the date of agreement. The above agreement contains Clause 20.1 for the purpose of extension of lease for a further period of two years at a leasing rate 25% more than the lump sum lease rate subject to satisfactory performance by the leaseholder, without any penalty for overloading or violation of any provision of the contract.;


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