IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7139 OF 2004

WAREHOUSING & COLD STORAGE G.E.I.LTD. & ANR. ....APPELLANTS VERSUS

BOARD OF TRUSTEES, PORT OF CALCUTTA & ORS.  ....RESPONDENTS WITH

CIVIL APPEAL NO.5158/2005

O R D E R

CIVIL APPEAL NO.7139 OF 2004:

Having heard learned senior counsel appearing for  

the parties and after going through the impugned order and  

considering the fact that the appellants had accepted and  

paid  enhanced  rate  of  rent  on  the  basis  of  subsequent  

notifications  issued  by  the  respondents,  we  are  not  

inclined to interfere with the impugned order passed by the  

High Court.  Accordingly, this appeal is dismissed with no  

order as to costs.  Interim order, if any, stands vacated.

Considering the fact that a huge sum of money is  

to be paid by the appellants to the respondents, reasonable  

time  must  be  given  to  them  to  pay  off  such  amount.  

Accordingly, we direct that the amounts in arrear shall be  

paid/deposited by the appellants to the respondents within  

nine months from this date.

CIVIL APPEAL NO.5158/2005:

List this appeal after 29th October, 2009.

......................J. (TARUN CHATTERJEE)       

......................J. (AFTAB ALAM)             

......................J.

(R.M. LODHA)             NEW DELHI, SEPTEMBER 15, 2009.