EASTERN RAILWAY Vs. LAFARGE INDIA PVT. LTD.

JUDGEMENT

(1.) In view of the good grounds shown, the delay in preferring the appeal is condoned.

(2.) The appeal is directed against an order dated July 27, 2015 passed on a petition under Section 9 of the Arbitration and Conciliation Act, 1996. The respondent is a tenant under the railways; or, at any rate, a lessee. The respondent entered into possession of the railway premises pursuant to an agreement of May 24, 1999.

(3.) There is no dispute that clause 4 of the relevant agreement empowers the railways to enhance the rent without notice to the petitioner. The railways enhanced such rent and claimed a sum in excess of Rs.1.21 crore from the respondent. By the order impugned, it was observed, inter alia, as follows:-