(Per : HONOURABLE MR.JUSTICE A.J.
DESAI)
1. By way of the present application, the original appellant has prayed to extend the time to hand over the possession of warehouse which belongs to Central Warehousing Corporation for additional 100 days which is expiring today.
2. Pursuant to the order dated 10.5.2012 passed in above-referred Letters Patent Appeal, one Deepak K.Gajjar, Director of applicant/appellant filed an undertaking on 14.5.2012. Para 3 of the said undertaking reads as under:
"I, the undersigned, hereby give undertaking to this Hon'ble Court that I shall hand over the possession of Warehouse No.C/4 situated at CWC, Varachha Road, Surat on 10.7.2012 after removing all goods, fittings, fixtures etc., at our own cost and hand over the said godown to the Central Warehousing Corporation, Surat, the respondent herein, after restoring it in the same condition in which it existed at the time of commencement of the Agreement dated 29.1.2004."
3. In response to this application, respondent No.3 has filed an affidavit and has contended that the Corporation requires godown for the purpose of storage of food grains of Government of India by Food Corporation of India, as there is already huge hue and cry of storage capacity all over the country and, therefore, the vacant possession of the disputed godown is in need, that too with immediate effect. It is categorically stated in the affidavit that, though, the Corporation has got other three godowns, the same is not useful since restoration work is going on in those three godowns and does not have any vacant godown which can be used for the purpose of storing the food grains. The restoration work of the godown in question shall also take one month to put to its original condition so that the same can be used for storage of food grains.
4. The applicant has tried to show by filing affidavit that the Corporation has other godowns which are lying vacant as on today. The main ground for extension of retaining possession is with regard to undergoing construction of the new premises in which the applicant wants to start his business.
5. We have heard learned advocates for the parties. We are of the opinion that the original applicant was aware about the on going construction of his building when he agreed to give vacant possession on certain conditions which are mentioned in the order dated 10.5.2012. We are of the opinion that the food grains are required to be stored in a godown so that at appropriate time the same can be distributed by Government to the needy people of State of Gujarat as well as the people of India. The application is, therefore, dismissed with no order as to costs.
(V M SAHAI, J.) (A J DESAI, J.) syed/ Top