THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal Nos.1211 & 1212 of 2014
DATED:20.9.2014 Between:
M/s. Morgan Enterprises, Secunderabad.
And The Andhra Pradesh State Road Transport Corporation, Hyderabad and others.
… Appellant ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal Nos.1211 & 1212 of 2014
COMMON JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
Both the writ appeals are disposed of by this common judgment after hearing the learned counsel for the parties.
It appears, things have become easier as the appellant has agreed to pay the amount due to the respondents as demanded with interest at 9% per annum and has also agreed to pay the cost of advertisement issued and enter into the requisite licence. Learned counsel for the appellant has also taken instructions from his client, who is present in the Court.
It is recorded by the learned trial Judge that the amount, which was demanded by the respondents was disputed and having perceived the dispute between the parties, the learned trial Judge observed that the same cannot be gone into in the present writ petitions.
Now, as the appellant has agreed to pay the dues of the respondent together with interest, we do not see any reason as to why the licence though terminated on account of breach should not be restored. The breach occurred on account of non-payment of dues and at one point of time, when the dispute was raised, it cannot be said to be willful and deliberate default. Therefore, the licence or lease revoked because of non-payment can be restored if the respondents are adequately compensated. No third party right has been created as yet, except the temporary arrangement of collecting parking fees having been made. The matter was sub-judice and when the final arrangement is yet to be made, we think the following order would sub-serve the interest of justice.
The appellant shall pay the entire amount as demanded by the respondents together with interest at 9% per annum from the date of the same becoming due and also the cost of advertisement. Further more, the appellant would enter into requisite licence deed without fail. The entire exercise shall be completed by the appellant within a fortnight from date without fail. In default of fulfilling of any of the aforesaid three requirements, namely, payment of principal amount due with interest; advertisement cost and entering into the licence, then this order will stand recalled and in that case, the order of the learned trial Judge questioned herein will stand revived.
The writ appeals are accordingly disposed of.
Pending miscellaneous applications, if any, shall also stand disposed of. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 20th September, 2014 pnb